Ensure vacancy before exchange and completion same day

bbbuyer

Hello,

we are purchasing a property and want to ensure it is vacant before exchange ( not completion)

Seller proposed same day exchange/completion and that we can check it’s vacant on day prior to exchange - and if it’s not vacant we cancel/postpone without any cost.

is this really possible? We do not want to commit legally to purchase if house is not vacant.

We are also checking with our solicitor but agent keeps relaying different information.

Hoenir

Is the property tenanted ? 

FlorayG

Nobody in their right mind would accept exchange and completion on the same day
A friend of mine did this - her removal van was packed and ready to go and her buyer pulled out, leaving her with a house packed up and the removals charge to pay and no sale
Any time before exchange either party can withdraw, so you can check it is vacant, exchange, leave time as normal before completion

user1977

It's pretty normal to commit legally before a property is vacant, usually because the vendor (and the rest of their household) are still living there...

Why do you think it might not be possible for you to check that it's vacant?

bbbuyer

We are FTB, house is occupied by the owner’s family. We do not want to risk and have to deal with them still there when completion.

We do not need to move on the day (as we have rent overlap) so we can postpone it.

Hoenir

bbbuyer said:

We are FTB, house is occupied by the owner’s family.

Where are the owner's family expected to move to prior to exchange?  Perfectly normal for the current occupiers to move out on completion day to their new abode. 

Tiglet2

bbbuyer said:

We are FTB, house is occupied by the owner’s family. We do not want to risk and have to deal with them still there when completion.

We do not need to move on the day (as we have rent overlap) so we can postpone it.

When you say the property is occupied by the owner's family, do you mean they are renting it from the owner, i.e. they are tenants?  

If so, exchange once property is vacant.  Complete on the day a week/a few weeks later when you want to move in.  

silvercar

bbbuyer said:

We are FTB, house is occupied by the owner’s family. We do not want to risk and have to deal with them still there when completion.

We do not need to move on the day (as we have rent overlap) so we can postpone it.

You won’t have to deal with them. It is the seller’s responsibility to ensure vacant possession. There are financial penalties for not providing vacant possession, but these only apply once you have exchanged, until then anyone can back out. In one sense exchanging and completing on the same day is far riskier.

bbbuyer

They have place to go to available right now, it’s not dependent on sale.

we were told they were not tentants but we got lots of disparate information from sellers that we do not know what to believe.

Before, sellers were adamant to exchange before vacancy. We pushed to vacant on exchange - seller proposed same day exchange completion and they also proposed we can verify it’s vacant on the day itself before exchange!
I just want to be sure that is actually possible to do.

Hoenir

bbbuyer said:

Before, sellers were adamant to exchange before vacancy. We pushed to vacant on exchange - seller proposed same day exchange completion and they also proposed we can verify it’s vacant on the day itself before exchange!

Why not simply agree a completion date a week after exchange. Appears to be a mountain out of a molehill. Exchanging before vacancy is perfectly normal. 

user1977

bbbuyer said:

they also proposed we can verify it’s vacant on the day itself before exchange!
I just want to be sure that is actually possible to do.

Like I asked above, why do you think it might not be possible?