Seller delaying completion

Luna1719

macman said:

Your conveyancer needs to establish for sure that he is just an excluded occupier. If a tenancy was created (which simply means he has to have paid some rent, or by other payment in kind-there doesn't have to be anything in writing) then it will take a year or more to get possession, if he doesn't leave voluntarily.

The seller indicated on the PIF that her son would sign the contract agreeing to leave on completion.

macman

True, but unless the vendor offers vacant possession upon exchange, the conveyancer should not proceed. At completion, it's too late.

saajan_12

Luna1719 said:

Thrugelmir said:

Completion dates are always subject to compromise. Everyone has their own agenda. 

I'd be happy to compromise and wait an extra week or two ( stay in an airbnb in the meantime) but an entire month is a bit difficult and would be very expensive. Should I go back and try to negotiate ?

ONLY do this if you can exchange on the sale and purchase simultaneously, albeit with different completion dates. That way, at the point you're legally committed, you know you're only having to find accommodation / storage for 2 weeks, ie limited period.
If you exchange on your sale first, then the purchase may never exchange, and the 2 weeks could become unlimited. 

WoozieSioux_tse

Saajan_12 is right. And blood is thicker than pretty much everything else in this situation. Do you know the son's circumstances- if maybe he's out of work, for instance? It might just help you to weigh up the likelihood of the purchase ever happening if you are furnished with the full facts (as opposed to the everything's fine stuff that isn't filling you with confidence). 

YoungBlueEyes

I’m no expert, so this may be wrong, but - why is it the OP’s job to find alternative accommodation? The parents should be pressuring their son to get his 4rse in gear and move out  (let him find an AirB+B or whatever). Why is it the OP’s hassle? 

Obviously this is assuming he’s not a tenant.

Luna1719

saajan_12 said:

Luna1719 said:

Thrugelmir said:

Completion dates are always subject to compromise. Everyone has their own agenda. 

I'd be happy to compromise and wait an extra week or two ( stay in an airbnb in the meantime) but an entire month is a bit difficult and would be very expensive. Should I go back and try to negotiate ?

ONLY do this if you can exchange on the sale and purchase simultaneously, albeit with different completion dates. That way, at the point you're legally committed, you know you're only having to find accommodation / storage for 2 weeks, ie limited period.
If you exchange on your sale first, then the purchase may never exchange, and the 2 weeks could become unlimited. 

I've mentioned this to my conveyancer yesterday - if we are to do this, we would want to exchange on our sale and completion on the same day. Thanks for the advice.

Luna1719

YoungBlueEyes said:

I’m no expert, so this may be wrong, but - why is it the OP’s job to find alternative accommodation? The parents should be pressuring their son to get his 4rse in gear and move out  (let him find an AirB+B or whatever). Why is it the OP’s hassle? 

Obviously this is assuming he’s not a tenant.

As per the PIF and what I understood he's not a tenant. To be honest I don' t know his particular circumstances, there might be something that is preventing him to move earlier, and I do want to be understanding, however this entire situation is really stressing me out.

I tried to call the Purple Briks agent again yesterday to find out if there was any room to negotiate as they didnt call me back the previous day, and the agent was  rude to me saying I should not be putting any pressure on the seller who's 'now at a breaking point' and warned me not to contact the seller directly again.  The last thing I want to do is stress people out, but I would just like to know where we stand so we can plan in consequence.

peterhjohnson

Luna1719 said:

 and the agent was  rude to me saying I should not be putting any pressure on the seller who's 'now at a breaking point' and warned me not to contact the seller directly again. 

In my experience, when A tries to stop me communicating with B, it's because A has a very good reason that benefits A but not me.  Even if A was entirely truthful.

Suseka97

Warned you....???  well, now I'd be going back to PB and telling them that the OPs situation regarding the son is not your problem and remind them that the vendor made it clear from the outset that they could move the sale on quickly which is why you offered.  They are the ones changing the goalposts and yet you are expected to just go along with it.  I'd basically be stating that unless there is room for negotiation then you are going to start looking elsewhere and be prepared to do just that.  You have no idea whether, come the day, they would stick to proposed dates and then you've wasted even more time.  

Luna1719

Thanks for your replies and advice. We finally heard back from the seller's sollicitors who suggested a completion date of mid-march instead of end of march. However, as our buyers' buyers are threatening to pull out, we offered to break the chain and find temporary accomodation for 3 weeks. This is obviously conditional on our sale and purchase to exchange on the same day and completing on different days. 

Our buyers' buyers want to exchange before the end of this week and we are still waiting to hear from our seller's solicitor to find out if that is possible ( they did mention on Tuesday that that should be the case but now have not replied since then). I'm obviously quite stressed that our buyer's buyer might pull out if we have not exchanged by tomorrow ...I'm literally looking at my inbox every 5 minutes hoping I will hear somehting