chain-free property sale - seller delays moving out without a good reason

chalky_white_2

The later date tends to succeed, unless you genuinely threaten to withdraw (and do so). As with time the early date will pass, leaving just the later date. Time between exchange and completion is not unreasonable and usually beneficial to both parties for varying reasons. You can prepare for owning your own home.

To be clear, exchange of contracts is more crucial than the completion date, as it provides you with security that no one is going to pull out.

i also concur, do not move before Christmas. If it cannot be brought forward a week or two, go for the new year!

FlorayG

I agree with what everyone else is saying; you can only negotiate and even if the seller IS being unreasonable, they can do what they want
You could try giving a date that you insist on and see if the seller withdraws and leaves you with nowhere to go to...
@youth_leader you couldn't have moved the day prior because you didn't own the house two days before completion

Mattti

Thank you for all the comments. As a first-time buyer, everything about this process is new to me. I don’t want to pull out, as I really like the property and the location, and I’m not eager to go through the search process again. 

Our solicitor is negotiating on our behalf, and they also see December 20th as an unsuitable completion date (someone here raised a valid point about the risk—if something goes wrong, there may be no contact with the estate agent or solicitor over the holidays). A new day, so I'm trying to stay optimistic—I just can’t help but wish to finally spend this Christmas in my own home.

GDB2222

20 Dec is cutting things a bit fine, if things go wrong on completion day. That does happen, but it is pretty rare. 19 Dec would be safer, but it means taking an extra day off work. 

I will be interested to hear what your seller agrees to. 

peterhjohnson

GDB2222 said:

4 weeks always used to be the normal delay between exchange and completion. Has that changed? 

Yes. Many years ago, I "shocked" a solicitor be suggesting 3 weeks. Five years ago I asked for 7 days (as that seemed the default) and it was only when exchange slipped a bit that it changed to 14 days because of Xmas/NY

EssexHebridean

I’d agree that 20th December could be a problematic date if there were any issues, although it’s not likely, there can always be problems with money being held up by a bank for security checks, for example.

As others have said, almost everyone used to do 28 days between exchange and completion. As for the suggestion that people should start packing as soon as they are marketing the property, that’s pretty much nonsense- not all properties sell particularly fast and not everyone has space for stacks of boxes about the place, plus it doesn’t look great when conducting viewings! The only obligation as far as packing goes is that it must all be done by the time completion happens, and the property empty at worst very shortly thereafter (ideally before, but that isn’t always practical).  

The seller’s reasons for wanting a 4 week gap are almost irrelevant and as a buyer, it’s certainly not appropriate to pass judgement on them. In the OP’s shoes, I would be asking my solicitor to politely revert to the seller’s solicitor with the approach of “ahh, now neither of our firms really want to be entertaining a completion on the 20th, do we, could your client be prevailed upon to shorten that timescale a little and opt for the week prior - Friday 13th?” (Or, if superstition plays a part, perhaps either Thursday 12th, or Monday 16th)

thegreenone

EssexHebridean said:

As for the suggestion that people should start packing as soon as they are marketing the property, that’s pretty much nonsense- not all properties sell particularly fast and not everyone has space for stacks of boxes about the place, plus it doesn’t look great when conducting viewings! The only obligation as far as packing goes is that it must all be done by the time completion happens, and the property empty at worst very shortly thereafter (ideally before, but that isn’t always practical).  

It's not nonsense at all. It's called being organised and getting prepared.

Three of my friends have moved in the last two years and all started packing and decluttering before going on the market.  Why can't the seller pack up his summer clothes/some books/rarely used kitchen equipment/the chest of drawers that won't fit etc etc now? 

You can cover boxes or, or he could take them to his new home and unpack them.  TBH if I was viewing and saw the vendor had already started packing, it would tell me they are committed to a move.

fourmarks

thegreenone said:

EssexHebridean said:

As for the suggestion that people should start packing as soon as they are marketing the property, that’s pretty much nonsense- not all properties sell particularly fast and not everyone has space for stacks of boxes about the place, plus it doesn’t look great when conducting viewings! The only obligation as far as packing goes is that it must all be done by the time completion happens, and the property empty at worst very shortly thereafter (ideally before, but that isn’t always practical).  

It's not nonsense at all. It's called being organised and getting prepared.

Three of my friends have moved in the last two years and all started packing and decluttering before going on the market.  Why can't the seller pack up his summer clothes/some books/rarely used kitchen equipment/the chest of drawers that won't fit etc etc now? 

You can cover boxes or, or he could take them to his new home and unpack them.  TBH if I was viewing and saw the vendor had already started packing, it would tell me they are committed to a move.

And then, after three months without a nibble, they can unpack everything and start washing and ironing their summer clothes. The added bonus is that they can get really fit following this regime as they stagger up and down the ladder to the loft, or hurdle over the boxes to reach the downstairs loo. I think it's a winner.

diggingdude

I never understand the "get in for Christmas" saying. Sure if you get in mid December great but moving the 20th is just asking for a rubbish Christmas when you find out the boiler doesn't work, the bins are full and not due to be emptied for a week etc. 

sheramber

thegreenone said:

EssexHebridean said:

As for the suggestion that people should start packing as soon as they are marketing the property, that’s pretty much nonsense- not all properties sell particularly fast and not everyone has space for stacks of boxes about the place, plus it doesn’t look great when conducting viewings! The only obligation as far as packing goes is that it must all be done by the time completion happens, and the property empty at worst very shortly thereafter (ideally before, but that isn’t always practical).  

It's not nonsense at all. It's called being organised and getting prepared.

Three of my friends have moved in the last two years and all started packing and decluttering before going on the market.  Why can't the seller pack up his summer clothes/some books/rarely used kitchen equipment/the chest of drawers that won't fit etc etc now? 

You can cover boxes or, or he could take them to his new home and unpack them.  TBH if I was viewing and saw the vendor had already started packing, it would tell me they are committed to a move.

One of our houses took 2 years to sell. Just as well we didnlt pack thing away.