Gazundering because the vendor has cost me money with their uselessness?

Hoenir

EssexHebridean said:

I would also be gently questioning my solicitor why the business of the charge only became apparent at this late stage - has it been added since the copy of the title you should have been sent at the beginning of the matter? 

The assumption will be that any charges, a mortgage being one example, will be discharged on completion. To a buyer the numbers of charges and who holds them should be of zero interest or relevance. 

If people mess you about endlessly. Pull out. Another property will come along soon enough. Anybody with a genuine interest in moving on will at least be communicative in some form. Not go to ground. 

MysteryMe

There are a couple of possible scenarios going on here, either they are people who for whatever reason are no longer functioning in a manner considered the norm or they are deliberately stringing the process along to try and avoid having to sell. Either way I don't think threatening to reduce your offer is going to work and if anything could be counter productive. I can imagine how frustrating it must be but pulling out and starting again is very likely going to cost you more money.

EssexHebridean

BikingBud said:

EssexHebridean said:

From past experience, I'd guess that yes, they have to move, but no, they don't want to - and so they are stringing things out in order to try to delay things. There weren't by any chance a couple of previous sales that fells through were there? if so, then that is also a red flag to me - and it might well indicate that they are indeed trying to shape things so that you pull out as well. Yes - it *could* just be disorganisation, but having been through exactly this situation when we tried to buy our first home (thankfully we realised what was going on and essentially called their bluff at every stage - and eventually they had to give in and agree dates) I'm not sure I'd be willing to end up in the same situation again. As Flugelhorn says - it could also be that they are trying to arrange some other sort of "escape clause" in which case it could be them pulling out on you, down the line. 

It's a tricky one - as said, ultimatums should always be something that you are prepared to follow through - otherwise they lose any form of power, but you do also need to be aware that any sort of ultimatum in this situation could be a high-stakes strategy. 

I would also be gently questioning my solicitor why the business of the charge only became apparent at this late stage - has it been added since the copy of the title you should have been sent at the beginning of the matter? 

Maybe another example of the value and not the cost of doing your own due diligence and getting your own copy of the title before even going to view a house. 

Allowing that the sort of things which might appear on the title and actually should be a deal breaker probably would flag up to the average layman anyway, most folk are probably better of saving their money and just making sure they actually look at the copy their solicitor will send them at the beginning of the transaction once the contract pack is received. 

TroubledTarts

If what you are hinting at is true then people in debt can be erratic and all over the place.

They could have well wanted one last uninterrupted Christmas and really don't want to be selling but circumstances dictate.

Delays happen in house purchasing all the time but if it will cost you (x) amount of money for additional storage fees then you should let that be known solicitor to solicitor that it cannot continue to be delayed otherwise you will have to ask them to contribute.

Weigh that up.against what you will lose should they take exception to your demands and pull out of the sale.

Hoenir

TroubledTarts said:

If what you are hinting at is true then people in debt can be erratic and all over the place.

They've also got to find suitable to live themselves. Not always as straightforward as people suggest. 

BikingBud

EssexHebridean said:

BikingBud said:

EssexHebridean said:

From past experience, I'd guess that yes, they have to move, but no, they don't want to - and so they are stringing things out in order to try to delay things. There weren't by any chance a couple of previous sales that fells through were there? if so, then that is also a red flag to me - and it might well indicate that they are indeed trying to shape things so that you pull out as well. Yes - it *could* just be disorganisation, but having been through exactly this situation when we tried to buy our first home (thankfully we realised what was going on and essentially called their bluff at every stage - and eventually they had to give in and agree dates) I'm not sure I'd be willing to end up in the same situation again. As Flugelhorn says - it could also be that they are trying to arrange some other sort of "escape clause" in which case it could be them pulling out on you, down the line. 

It's a tricky one - as said, ultimatums should always be something that you are prepared to follow through - otherwise they lose any form of power, but you do also need to be aware that any sort of ultimatum in this situation could be a high-stakes strategy. 

I would also be gently questioning my solicitor why the business of the charge only became apparent at this late stage - has it been added since the copy of the title you should have been sent at the beginning of the matter? 

Maybe another example of the value and not the cost of doing your own due diligence and getting your own copy of the title before even going to view a house. 

Allowing that the sort of things which might appear on the title and actually should be a deal breaker probably would flag up to the average layman anyway, most folk are probably better of saving their money and just making sure they actually look at the copy their solicitor will send them at the beginning of the transaction once the contract pack is received. 

But by that stage and with the usual delay that accompanies house sales in England, you've probably already sunk costs with the solicitor and likely initiated searches also at cost.

Yet for the price of a couple of coffees, you can review the layout, the access, the rights of way, any covenants and you can make a decision if it's like to degenerate into a rolling goat fest due to any number of reasons before you even go to view. And you can use that knowledge to request clarification during the viewing before you commit any further time, effort or emotion.

I suppose you can try to retain control or just go along for the ride but I always believe forewarned is forearmed.

[Deleted User]

ReadingTim said:

I don't know the extent to the sellers' hands are being forced in terms of selling to you, but if you're annoyed at the amount you've spend due to their delays, then you'll spend a helluva lot more if they tell you do one after you try to pull your gazundering stunt and you're back to square one and looking for a new place to offer on....

Stunt? lol.

EssexHebridean

BikingBud said:

EssexHebridean said:

BikingBud said:

EssexHebridean said:

From past experience, I'd guess that yes, they have to move, but no, they don't want to - and so they are stringing things out in order to try to delay things. There weren't by any chance a couple of previous sales that fells through were there? if so, then that is also a red flag to me - and it might well indicate that they are indeed trying to shape things so that you pull out as well. Yes - it *could* just be disorganisation, but having been through exactly this situation when we tried to buy our first home (thankfully we realised what was going on and essentially called their bluff at every stage - and eventually they had to give in and agree dates) I'm not sure I'd be willing to end up in the same situation again. As Flugelhorn says - it could also be that they are trying to arrange some other sort of "escape clause" in which case it could be them pulling out on you, down the line. 

It's a tricky one - as said, ultimatums should always be something that you are prepared to follow through - otherwise they lose any form of power, but you do also need to be aware that any sort of ultimatum in this situation could be a high-stakes strategy. 

I would also be gently questioning my solicitor why the business of the charge only became apparent at this late stage - has it been added since the copy of the title you should have been sent at the beginning of the matter? 

Maybe another example of the value and not the cost of doing your own due diligence and getting your own copy of the title before even going to view a house. 

Allowing that the sort of things which might appear on the title and actually should be a deal breaker probably would flag up to the average layman anyway, most folk are probably better of saving their money and just making sure they actually look at the copy their solicitor will send them at the beginning of the transaction once the contract pack is received. 

But by that stage and with the usual delay that accompanies house sales in England, you've probably already sunk costs with the solicitor and likely initiated searches also at cost.

Yet for the price of a couple of coffees, you can review the layout, the access, the rights of way, any covenants and you can make a decision if it's like to degenerate into a rolling goat fest due to any number of reasons before you even go to view. And you can use that knowledge to request clarification during the viewing before you commit any further time, effort or emotion.

I suppose you can try to retain control or just go along for the ride but I always believe forewarned is forearmed.

You shouldn't have done. Nobody should be instructing searches before the contract pack is through really - certainly it's generally strongly advised against. The first thing most solicitors look at on a purchase is the title documents as if there is a game-changer in there that the purchaser needs to be aware of, it needs discussing first up. Yes, a buyer might have given money on account of costs, but there are very few solicitors out there who are going to charge you a wallop of costs if within those first few days the title comes through, contains something horrible, and you decide not to proceed! At that point that money on account either gets held onto ahead of the client moving on to purchase somewhere else in short order, or returned to the client if they timescale on a further purchase is unclear. 

EssexHebridean

OP does the SDLT change that is upcoming play into your hands here? If the property is at a level that your costs will increase past that point then that is a very reasonable bargaining chip to at least ensure it goes through by the end of March, I would think?