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Vendors breached contract

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  • I think our vendor did this, I know they did 2 trips as we were waiting for the keys for 2 - 3 hours after completion. The estate agent told us he was dropping the keys off after they'd loaded the 2nd van, then the removal van came back a 3rd time around 5 or 6pm to collect the last bits they'd left in the garden.

    We were FTB, so all I did on that day was open up, go in to have a look round to check it all over and then we moved everything out of our rental during the next couple of weeks. If we'd been in a chain, we'd have been sat outside waiting with the van after vacating ours.
  • first78
    first78 Posts: 1,050 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    eve824 said:
    You should never have assumed you could do two loads on moving day if you are in a chain. By doing so you have automatically breached a contract (see Adrian's explanation above). Chalk it up to experience and move on!
    Regardless of how many moves I did, the people we bought off had not started emptying their property until after we exchanged and were moving the contents of a 3 storey, 5 bedroomed house in 2 cars and a small van. We had no problem with our buyer, he knocked on asked if he could start moving in, we agreed.
    The vendors of our onward purchase wouldn't let us start moving our stuff in and did not have the property emptying until after 6pm. They were deliberately awkward when there was no need.
  • Haven't you done the exact same thing to your buyers though?
    You weren't out of the property by the time you had completed.
    The very fact you've done 2 trips is a breach in itself - you didn't have access to both properties at the same time. I'd be very careful about trying to make this claim.

  • If it was simultaneous exchange/completion then there was a very high chance you were going to have to unpack the van back in to the house and rebook removals for another day.  No one would have been liable for the costs then as exchange hadnt taken place.   Just chalk it up to the delights of moving day. No one enjoys it.

    I had a completion at 4:55 just prior to xmas and all the estate agents had packed up early and gone home as they didnt expect a completion.  They had the keys so everyone had a problem.    In that case the buyer didnt end up getting the keys until we had got hold of someone with access to the office at 7:15pm.    He had been waiting in a fully packed removal van all day (already completed on his sale earlier in the day so obviously had to vacate the property)
    Last year I had a completion where the owner refused to leave cause she was a drunk and couldn't drive the removal van.  Ended up with the solicitor working past 6pm on a Friday evening to try get it resolved which is practically unheard of.  Client ended up getting the keys handed over by the police who picked the vendor up off the street smashed out her face!!

    Everyone has a horrible moving day story.  Enjoy your new home and concentrate on more important things.  Submit a MCOL if you want but don't let it sour the new home experience.  
  • first78
    first78 Posts: 1,050 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    ladywho said:
    Haven't you done the exact same thing to your buyers though?
    You weren't out of the property by the time you had completed.
    The very fact you've done 2 trips is a breach in itself - you didn't have access to both properties at the same time. I'd be very careful about trying to make this claim.

    We allowed our buyers access as soon as they asked if they could move stuff in whereas our removal firm weren't able to access the property for over 4 hours. If I claim against our vendors surely I don't need to discuss the situation with our buyers...that side of the move was all amicable.
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