Help-- the vendor delay the completion

FDEER

chappers wrote: »

After completion date was missed your solicitor should have issued a notice to complete the vendor would have then had 10 days to complete and if they failed then yes you would have been able to sue for your loss.What was the reason for not completing, any reason you can't complete tomorrow and what has your mortgage company said can they re advance the money back to your solicitors at a later date.I suspect they just want to make sure the money is still there and hasn't been spent on something other than the property.Check with them and if they are happy to re-issue it then serve the vendors with a notice to complete.

The only reason for not completing is that the vendor doesn't hand over the key. My solicitor told me that if she return the mortgage to the bank, then I have to wait at least extra 10 days for re-issuing the mortgage.

jockettuk

nothing stopping you ringing another solicitors up asking for advice re you might be moving solicitors and asking them what the procedure is for non completion..
we moved house 2 yrs ago and i was told different things by 2 solicitors i bined my first one he lost me a sale on my house because of his dithering and i got a new one who was on the ball.. she told me that if the contracts had been signed and anything happens on either side to stop completion then the person who stopped it would be liable for costs and mabey compesation ie 10% of sale price.. so we didnt exchange contracts till the day before completion..

why dont you contact the vendor yourself see what is happening i bet they are sitting waiting to hear from you as much as you are from them...

silvercar

I wonder if you have actually exchanged, you may have signed the papers in readiness for exchange and completion on the same day, but the vendor maybe refusing to exchange.

This would make your solicitors lack of action understandable - though not his lack of explination.

FDEER

silvercar wrote: »

I wonder if you have actually exchanged, you may have signed the papers in readiness for exchange and completion on the same day, but the vendor maybe refusing to exchange.

This would make your solicitors lack of action understandable - though not his lack of explination.

We DID exchange the contract 3 weeks ago, and in that moment we agreed with the vendor the completion date. However, the vendor didn't hand over the key in the completion date, so everything is blocked.

[Deleted User]

Your solicitor is useless and needs a kick up their back side. You are paying them for looking after your finances, make them work their money and get them to sort it out.

jill2002

However, the vendor didn't hand over the key in the completion date, so everything is blocked.

Of course they didn't hand over the key - they hadn't got the money !

You originally stated :-

However, 1 day before the completion data, we received a call from the solicitor. She told us that the vendor could not finish the moving out on time

This happens often - for many reasons - not usually for the reason that the vendor could not finish moving out on time. But it happens - just arrange with your solicitor and vendor the new moving date, when they CAN be ready.

FDEER

jill2002 wrote: »

Of course they didn't hand over the key - they hadn't got the money !

You originally stated :-

This happens often - for many reasons - not usually for the reason that the vendor could not finish moving out on time. But it happens - just arrange with your solicitor and vendor the new moving date, when they CAN be ready.

I think that the correct order is
1. the vendor hand over the key to the agency
2. I view the property to make sure everything is ok
3. put money to vendor's solicitor

But it is blocked in step 1

Nicki

FDEER wrote: »

I think that the correct order is
1. the vendor hand over the key to the agency
2. I view the property to make sure everything is ok
3. put money to vendor's solicitor

But it is blocked in step 1

That's not how its ever happened when I've bought!

Unless there is some special condition in your contract, what usually happens is:

1. the money goes through

2. the keys are released to you. Either by the agents if the seller has left a set there, or by the seller himself who waits at the property for you.

3. you enter the property, and if there are any significant changes to how it was when you exchanged contracts, you make a claim against the seller.

Forgive me for asking, but is english your first language? Could you be misunderstanding advice your solicitor is giving you (especially by phone which can be hard) or bringing knowledge of how the system works in another legal jurisdiction to this situation, which might not apply?

FDEER

Nicki wrote: »

That's not how its ever happened when I've bought!

Unless there is some special condition in your contract, what usually happens is:

1. the money goes through

2. the keys are released to you. Either by the agents if the seller has left a set there, or by the seller himself who waits at the property for you.

3. you enter the property, and if there are any significant changes to how it was when you exchanged contracts, you make a claim against the seller.

Forgive me for asking, but is english your first language? Could you be misunderstanding advice your solicitor is giving you (especially by phone which can be hard) or bringing knowledge of how the system works in another legal jurisdiction to this situation, which might not apply?

Maybe I don't explain clearly. the situation is 1 day before the completion date, the vendor said that he could not finish the moving. in this situation, of course my solicitor refuse to hand over the money, and it was my solicitor advise that I should check the property before the money is transfered.

Jorgan_2

FDEER wrote: »

Maybe I don't explain clearly. the situation is 1 day before the completion date, the vendor said that he could not finish the moving. in this situation, of course my solicitor refuse to hand over the money, and it was my solicitor advise that I should check the property before the money is transfered.

From what you have said, you are the party that has failed to complete by your solicitor refusing to hand over the completion funds.

Ask to speak to a senior partner at the firm of solicitors to find out exactly what is going on.