Seller won’t break the chain!

emily451

Hi, after a bit of advice. 

We are in a chain, first time buyers having our house, we’re buying a house and the sellers are buying a new build. The estimated completion for their house is end of September however we are waiting to exchange. The seller has been contacting me directly and been quite rude at times and very pushy when it turns out we’re waiting for them to confirm they’ll break the chain. They’ve refused this despite signing their TA6 form to say they would break the chain, and now the estimated completion is November! Our buyer is pregnant and due end of October and we have a 6m baby so completion on notice is not an option for the rest of the chain. We have made this clear from the start. 

Has anyone else been in a similar situation? To make it worse the seller is actually a lady on her own and it’s her partner who she’s buying the new build with who is being pushy and at times quite rude to us. 

Any advice would be great thanks

UnderOffer

People say a lot of things to get an offer, they normally always change their mind, happened to us.

Sharing your personal contact details with sellers and buyers is never wise. Only ever communicate via your solicitor. 

Flugelhorn

it is really tough when there is a new build in the chain, I decided when I heard about "completion on notice" that  chains like that were a complete non-starter for me.

TBH I would have nothing to do with the partner - they are not selling you a house, speak to the EA and see if they can get any sense and perhaps and update on the state of play for the new-build

DE_612183

New Builds to sometimes tend to over-run - it's something you should bear in mind when there is one in the chain.

What are you expecting your seller to do between end of September and November - bearing in mind this  could be as little as 4/5 weeks?

diystarter7

A word of caution and I hope it does not happen to you, OP. The new house buyer for various reasons could decide not to proceed. Just another reason where possible to by/sell chain/new build free.

Tiglet2

You really only have a couple of options in this scenario:

1.  Your seller breaks the chain and moves into an airbnb or holiday home for a few weeks.
2.  You agree to exchange with completion on notice - in this case the developer will give 10 days notice to complete.

This is how developers of new builds generally work - they will not commit to a fixed date while the property is not structurally complete.  How could they, when they don't know when contractors can finish the work or if supplies ordered will arrive on time?

pinkteapot

You can't force the seller to break the chain. If they flat-out refuse, your only options are to exchange with completion on notice or to pull out. 

pinkteapot

diystarter7 said:

A word of caution and I hope it does not happen to you, OP. The new house buyer for various reasons could decide not to proceed. Just another reason where possible to by/sell chain/new build free.

They can't just change their mind once contracts are exchanged, unless the long-stop date passes. 

400ixl

Of course the other option is you complete with your buyer and you move into temporary accommodation until you can complete on your purchase. It doesn't need to be your seller who has to break the chain.

jimbog

I would suggest breaking the chain yourself and find alternative accommodation while waiting

emily451

DE_612183 said:

New Builds to sometimes tend to over-run - it's something you should bear in mind when there is one in the chain.

What are you expecting your seller to do between end of September and November - bearing in mind this  could be as little as 4/5 weeks?

They told us it would be end of September and said that there’s no chance of it overrunning which we thought a bit odd. They knew from the start regarding notice of completion and we made it clear from the start we wouldn’t be able to do that as did our pregnant buyer, they then signed their TA6 to reflect that they’d break the chain but now refusing. 

I expect them to find alternative accommodation as why should we wait any longer? They have been pushing for us to exchange for weeks and wouldn’t discuss completion and as the chain hasn’t stood for it, they’re now going against their word.