House in chain when completed

Flugelhorn

we were in a situation of completing at the end of April and the vendors at that point didn't want to move despite having exchanged. Our solicitor was clear, that they had to move unless we specifically agreed to an extension, if they  didn't move  then we would give 10 days notice to complete and if they hadn't done so at that stage then we could withdraw from the contract and get deposit back etc.  With 2 weeks to go we declined an extension but offered to rescind the contract before completion as the vendor appeared determined that she wanted another 2 months (had already had 2)- when it became clear we weren't going to agree to this, they suddenly decided they were going to move after all. Helped to have an on the ball solicitor I think.
PS @katiej3030 - we were also advised that in view of the long delay between exchange and completion (2 months) that the insurance companies would not cover the property so clause was put into the contract to oblige the vendors to continue insurance.

katiej3030

We have been paying insurance since March 

Flugelhorn

katiej3030 said:

We have been paying insurance since March 

I don't know the ins and outs of this but solicitor implied that the insurance companies weren't keen if the time period was more than a month - perhaps it varies between companies, you perhaps need to check what cover you are getting for the fact that you don't live there

Titus_Wadd

Is this a real scenario?  I'm flabbergasted!

I expect the insurance company thinks you live there!

ciderboy2009

Is your solicitor aware of the potential mortgage problem?

They should have issued a notice to complete as soon as the vendors failed to complete in June.

You need to contact your solicitor on Monday, get details of their formal complaints procedure and get a complaint lodged as a matter of urgency.  You then need to tell them that completion MUST take place before your mortgage expires or they must get the contract rescinded.

I cannot believe that any solicitor would not have done anything in all of this time regardless of the COVID situation!

babyblade41

so what's the situation re council tax and utility bills ?

I think you need to email your solicitor to tell them what you expect them to do with immediate affect for fail to complete  

I can't get my head round this at all 

Flugelhorn

@katiej3030 - did you get any more information from your solicitor today?

katiej3030

Hi everybody thank you all so much for the help you gave me on this forum. Because of your advice I sent a long email Saturday to my solicitor and partners. I spoke about the failing and requested to know why this has not been pushed, why the sellers havnt been made to vacate and why she had not sent information to the litigation solicitors. I was shocked to have an email Sunday morning from her and a senior in the firm both stating they were dealing with this as a matter of urgency.  I then received a further email Sunday from my solicitor saying she was now pushing for completion for Friday 9th October , so this Friday I was in complete shock. I then got another mail first thing yesterday morning to say she had requested mortgage fund be released from my lenders. I got another mail last night saying that she had heard from the sellers solicitors who are now aiming for 9th completion. Then I received a text from NatWest this morning saying that funds had been released and would be with solicitor the 7th. I am in complete shock I can’t believe that we should be completing Friday!!! From last Friday worrying that is was all going to fall through. I am still cautious because it has gone on so long I can’t believe that it can really happen that quick but I will keep you all posted. Even if it didn’t happen this week it is moving and looking very positive in the matter of a few days. All I can say is thank you I would not have been able to question the solicitor with the support offered on here as I was out of my depth and felt at the mercy of the solicitors. Thanks again for your support I will let you know how we progress  

katiej3030

I havnt contacted the insurance yet, I think I better do that tomorrow because it maybe that they think we live there. 

We haven’t been paying the council tax or utility the sellers have been paying that because they have still been in the house. Our solicitor just told us we had to insure the house when we rang we told them we didn’t live there yet and was waiting for our move in date and gave them the June completion. I never even thought to contact them and say the completion never happened. I will do that tomorrow. 

Flugelhorn

Delighted to hear that it is all happening!

re the insurance - just need to contact the company now and tell them that completion is on 9th Oct