Asking someone to move out within 6 months

benson2221

I'm considering making an offer on a property with the condition of moving in within six months. The estate agent has informed me that the seller verbally agreed to this arrangement. How can I ensure that this agreement becomes legally binding?

DullGreyGuy

It only becomes binding when you exchange contracts which is normally a very short time before completion/moving. 

What's their situation? Have they an offer accepted on their new place? Haven't started looking yet? 

If you are 5.5 months in and suddenly their buyer pulls out etc so they cannot move in your 6 months window what do you intend to do? Walk away? Offer to pay them a chunk of money for them to still complete and move into rental/stuff in storage?

prettyandfluffy

Put in writing to the EA that your offer is conditional on this and make sure your solicitor is aware. 

elsien

Still no way to force them out though, if contracts haven’t been exchanged and there is a delay for any reason. 

RHemmings

It seems to me that the only way for there to be a guarantee that they move out (with the potential for compensation if they don't) is to exchange contracts now, with the completion date set six months in the future. However, my gut reaction to this is that there may be problems that can occur with a setup like this. Both of your are bound to complete and a lot can change in six months. And, I wonder what your and the seller's solicitors would think about this. 

cjdew

Honestly, it's not going to happen.. 

We once had a no chaim, probate completed purchase. 

It "could" have been 2 months, it was 5.5 because of the land registry and local lamd charges backlogs.

When buying a house, other than auctions where you take all the risk of the quick sale, they take as long as they take. 

benson2221

Thanks for the replies everyone. I am selling my home and it will be completed in the next 2 weeks and I cannot delay it as I have kept the buyers waiting long enough. I wanted to keep my mortgage for my new property and my lender will allow me to do this. Only thing is I'll have to pay the ERC now and they refund it if I can complete somewhere else within 6 months. That is why I would want to insist that someone would be moved out in that time. They have said they would go into rental if need be but that is just what they have said...in reality I would want something legally binding like a penalty if they don't but have no idea if that is even possible 

dannim12345

You might set out to but there could be unexpected issues e.g with the lease or deeds which no one will know about until further down the line.   Buying a freehold property with no chain would be the best bet but I don’t think anyone can grantee. Your solicitor, mortgage company advise (or the survey) might cause you to delay or pull out 

annetheman

benson2221 said:

Thanks for the replies everyone. I am selling my home and it will be completed in the next 2 weeks and I cannot delay it as I have kept the buyers waiting long enough. I wanted to keep my mortgage for my new property and my lender will allow me to do this. Only thing is I'll have to pay the ERC now and they refund it if I can complete somewhere else within 6 months. That is why I would want to insist that someone would be moved out in that time. They have said they would go into rental if need be but that is just what they have said...in reality I would want something legally binding like a penalty if they don't but have no idea if that is even possible 

You can't legally/meaningfully hold anyone in your chain to a timeline before exchange. You will hear people say a lot here "it takes as long as it takes/[....]piece of string" whenever this question of how long will this purchase/sale/chain etc take. It is absolutely true; so many variables - besides the obvious, you are also dealing with people (solicitors) and you just can't control any one of those things.

In the context of a chain, unfortunately, it's sort of "we all have pressure coming in from our own angles, do what you can to make it work." Frustratingly, you will need to have plan B, plan C, plan D and plan E mapped out because things working out exactly how you want is out of your hands for so much of the process.

I can very much empathise - I'm in the same boat and need to complete in 6 months with a mortgage running out and buyers just dropped - and I'm not even back on Rightmove yet..!

It's all about trust, fingers crossed, panic attacks, dread, praying to every known deity, internal turmoil, etc... for hopefully less than 6 months (on average).

benson2221

Totally understand what is being said with regards to things that can crop up further down the line. I have had these issues selling my property and that is why I have lost out on where I was supposed to be moving. I guess if I did do it I would have to just take the risk that comes with it. I was just curious if there was a way for it to happen but with everything said above I can't see how it can be legally binding. 

user1977

There's no legal reason why it can't be possible, it just isn't normal practice (in England and Wales anyway) either to wrap everything up that quickly, or to enter into a contract months in advance of completion.