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What would you do...

Hello everyone, this isn't my property is belongs to my sister but I know there will be a breadth of lived experience on here and I wonder if anyone has any advice.

Essentially, my sister left her husband at the end of November last year. Very long story short the house went on the market in April. They had a lot of interest and received an offer for full asking within a week. They presented themselves as FTB who were going to live in the property. Not a deal breaker if they hadn't been but they were told by the EA that this was their preference as they live in a holiday town and properties there just become Air BNBs or second holiday homes.

Further down the line (maybe about a month or so ago) it became transparent that they aren't FTB, the property is in fact being purchased as a BTL. This came about because they asked for early access to the property to start working on it to get it ready for letting out as it is sat there empty. They were told no, meter readings have been taken and the financial split is very intricate and has not been easy to reach. Access prior to exchange or even between exchange and completion would potentially blur the financial lines. Not worth it. Heard nothing of it since.

As of today everything is done, they're on the brink of exchange. The house is empty, if they exchange today their bank has asked for the standard 5 days. They could get the keys on 4th September. Except now apparently they are furious they they haven't been given early access and are considering pulling out. Apparently they've ordered a load of furniture that is due to be delivered there next week.

We're all baffled. 1) why have you done that? until exchange there is no legal guarantee you will own that property at any point. 2) is that even true? you previously wanted early access to start tearing the place apart for a rental, so why are you now suddenly sticking a load of furniture in with it in its current state? 3) if not true, why lie? You could just crack on, exchange today and have the keys in less than 2 weeks. What's the big deal?

It's all very strange. We're all thinking to tell them to naff off and do what they must if they're that way inclined. My husband is the only one thinking we should just give them early access and get on with it. He knows my sister is the one paying 100% of the bills, her ex-husband doesn't pay a penny including child maintenance. This is her financial liability ultimately, as much as it should be shared. But I just have huge alarm bells going off in my head.

What would you do?


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Comments

  • user1977
    user1977 Forumite Posts: 11,809
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    Even if their bank actually needs 5 working days notice for release of loan funds (and in practice, almost none do), they don't need to exchange before they give that notice. So they could complete earlier in the week if everyone is happy for that to happen.
  • Flugelhorn
    Flugelhorn Forumite Posts: 4,958
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    Clearly they could have  asked for a simultaneous exchange and completion but didn't - maybe they don't understand the system. 

    What would I do ? Leave it to the solicitors to explain to the vendors in words of one syllable what the options are:
    1) exchange and complete in 5 days
    2) speak to back and see if they can shorten that or do a simultaneous exc and comp
    3) be reminded that they can't have early access 
  • daivid
    daivid Forumite Posts: 1,089
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    Either they are heavily invested in time and money (arranging a mortgage, paying for searchers, contacted to pay for conveyancing, ordering furniture, making plans…) and they would be very unwise to pull out over a few days. Or they haven’t actually become invested and done any of those things in which case I'd expect lots more messing around. if it were me I would politely decline, via my solicitor, any requests to hand over early.
  • carly_8889
    carly_8889 Forumite Posts: 32
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    Thanks all. Yes we would be happy to complete ASAP, the house is empty and my sister isn't spectacularly thrilled about paying another month's mortgage for a property she isn't living in. If they wanted this it wouldn't be an issue!

    And yes, exactly Slinky. Even early access post-Exchange just gives me the heeby jeebies. To what end? If it doesn't make sense, something else is going on.

    I also agree Daivid, I don't see how threatening to or actually pulling out at this point would help their position at all. 

    Odd. All round odd.


  • Herzlos
    Herzlos Forumite Posts: 14,367
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    It definitely doesn't make sense - if they aren't going to live in it, then the date of access isn't a big deal for them.

    I absolutely wouldn't give them access until the funds have been confirmed and everything is closed. Giving them access early is only going to hurt you - If they trash the place and pull out you're screwed.

    You can always be nice and arrange for someone to furniture delivery, as long as costs were covered. But that's not on you, you'd need to be pretty entitled to have deliveries made before taking ownership.


    You could always offer to rent it to them for a few weeks until the sale is completed.
  • ProDave
    ProDave Forumite Posts: 3,378
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    I would exchange and let them take delivery of the furniture and let them store it in the property until completion.  
  • DE_612183
    DE_612183 Forumite Posts: 1,376
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    ProDave said:
    I would exchange and let them take delivery of the furniture and let them store it in the property until completion.  
    I would do this - BUT I would open the door let the delivery take place, then lock the door again.

    Do not give them keys.

    In fact if your EA has a set of keys I'd ask for them back just in case.
  • LHW99
    LHW99 Forumite Posts: 3,726
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    Propose echange and complete (ASAP) same day - no need for access between exchange & completion
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