Have a feeling estate agents are trying to push for exchange before I inspect the property.

gcpbuyer

Situation - I'm buying a flat which was occupied by tenants. 

The estate agent/vendor says the tenants have moved out and the vendor is keen to exchange and complete. 
I said I need to view the flat before exchange to make sure it's vacant. 

But the agents seem to be dragging their feet on booking an inspection yet - it still hasn't happened yet. Has anyone heard of the estate agents trying to push for exchange before a buyer inspects the place? It feels like that's what they're doing now. 

Gavin83

They could be hiding something, they could just be impatient. Either way you should definitely inspect the property before exchanging, you currently have no idea what you’re buying after all.

RAS

If you need a mortgage, the property has to be vacant before you are allowed to exchange. Can't imagine that your solicitor will allow exchange unless that is confirmed regardless.

If it has been tenanted and vacated, you have no idea what the current state is until you see it. 

AnotherJoe

gcpbuyer said:

Situation - I'm buying a flat which was occupied by tenants. 

The estate agent/vendor says the tenants have moved out and the vendor is keen to exchange and complete. 
I said I need to view the flat before exchange to make sure it's vacant. 

But the agents seem to be dragging their feet on booking an inspection yet - it still hasn't happened yet. Has anyone heard of the estate agents trying to push for exchange before a buyer inspects the place? It feels like that's what they're doing now. 

Next time the EA contacts you, say you are still waiting to inspect (which by the way is a very valid indeed  necessary thing to do in these circumstances so stick to your guns)

Or if you want to be more proactive contact them and remind them there will be no further progress until you've inspected it.

Are they chasing you?

AdrianC

gcpbuyer said:

Situation - I'm buying a flat which was occupied by tenants. 

The estate agent/vendor says the tenants have moved out and the vendor is keen to exchange and complete. 
I said I need to view the flat before exchange to make sure it's vacant. 

But the agents seem to be dragging their feet on booking an inspection yet - it still hasn't happened yet. Has anyone heard of the estate agents trying to push for exchange before a buyer inspects the place? It feels like that's what they're doing now. 

Estate agents don't have any say in when exchange happens. The EA completed their bit when the memorandum of sale was issued, after the offer was accepted...

Vendors and buyers need to both be ready to exchange for it to happen between them. For that to happen, their solicitors need to be ready, and any mortgage lender needs to be ready.

If the vendor doesn't want to allow another inspection, and the buyer insists on one before exchange, then exchange is not happening until either one accedes, or one walks away...

eddddy

It makes sense to inspect the property before exchange, to see what condition it's in. And it's reasonable to insist that the property is vacant before you exchange contracts.

But just to clarify, there's no legal reason why you can't exchange contracts while the tenants are occupying the property - just like people exchange contracts when the old owners are still occupying the property.

It would be the seller who's taking the bigger risk. If they exchange contracts, then the tenants don't move out before completion, the buyer can sue the seller for breach of contract.

So the seller's solicitor will normally strongly advise the seller not to exchange contracts, until the tenants move out.