Seller won’t break the chain!

emily451

jimbog said:

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

Not an option as we have 7m old baby! They have gone back on their word, not us. 

emily451

Tiglet2 said:

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?

Thanks, they told us last week that their house is up and ready and CML is booked for 16th September so it surely must be structurally finished. 

emily451

pinkteapot said:

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. 

Thanks, looks like we’ll have to pull out then. Our buyer is refusing to complete on notice due to being heavily pregnant and we are not in a position to do so with a young baby, we need to have a fixed date to sort childcare as we do not live near family etc. they have gone back on their word not us or our buyer. 

housebuyer143

If you want to sell your house then you need to break the chain. Yes, they have gone back on their word, but just as you seem to against renting because you have a baby? they obviously feel exactly the same for some other reason.

The seller probably thought they would break the chain and people say this without giving it any thought. When they look into it and maybe see how difficult and expensive rentals are etc, it quickly becomes unviable for them.

To add, my sisters new build has been ready since May (was due to be ready in Feb 2022), but they have been waiting to add the drop curbs and the council to adopt the road since May and there is no date at all for this to happen. It could very easily extend past Sept foir a whole host of reasons, as is the nature of new builds. 

Flugelhorn

possible that the developer won't actually get on with finishing stuff until exchange has happened - then they will look at completion on notice 

TripleH

The problem is that (nearly) no-one actually wants to move into rental to break a chain especially when it's only for a short period, but people will say anything to make their home look attractive (chain-free sale)

I would be very wary of buyers who do say they will break the chain.

My mother moved into rental because selling her home (she is downsizing) was her biggest issue. In all honesty, if my dad was around they wouldn't have moved into rental because he would have refused.

pinkteapot

You may find that if you go so far as to pull out the seller may change their mind and sort temporary accommodation. If you pull out, they'll probably lose their new-build as they're unlikely to find a new buyer who can complete quickly enough. Depends on the new-build - if it's a really popular site the developer will have no qualms about selling to someone else.

But it depends whether you're genuinely prepared to pull out as the seller might just say "Ah, shame. Oh well, bye then."

If you absolutely don't want to rent (which is your call - nothing wrong with it), avoid chains involving new-builds as someone in those chains will often have to break it. 

GixerKate

You can't force your seller to do anything unfortunately.  You can choose to wait until your seller's new build is ready (whenever that will be, could be on time, could be delayed for months or longer) or you can withdraw from buying that house and find somewhere else and start again.  If this is a serious option you could do an ultimatum - they break the chain and move into rented otherwise you will withdraw and look for another house.

The other option is for you to break the chain and move into rented while you are waiting but as its so open ended I would say it would have to be an amazing house in an amazing location for a really really good price to even consider this.

babyblade41

I'm afraid the perils of being in a chain that involves a new build.

As it appears no one is going to break the chain then your only option is to pull out .

You do seem a little upset   about the situation but each transaction has similar problems , especially someone who is near to giving birth (they are probably the most vulnerable in the chain) 

I'm afraid these situations are very common .  After move number 19 back in May this year I don't think once have I ever been in a chain.  It's something I avoid like the plague. Location is the most important & outside space ..anything inside is a bonus and everything can be changed.  It opens up a lot of avenues 

GDB2222

emily451 said:

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. 

You could call your seller's bluff, and give her say a week's notice that you will pull out unless she exchanges now, with completion this month.

If she has already exchanged contracts to buy her new build, which is highly likely, that would then leave her  in a very, very difficult position, as she won't find a new buyer able to complete by November. When she realises the bind she is in, she might agree to break the chain as originally promised.