Help-- the vendor delay the completion

FDEER

Jorgan wrote: »

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.

no, the truth is that the vendor's stuffs are still in the property. We ring him everyday to ask if he finished the moving. The answer is always "not yet".

Jorgan_2

FDEER wrote: »

no, the truth is that the vendor's stuffs are still in the property. We ring him everyday to ask if he finished the moving. The answer is always "not yet".

The vendor is unlikely to move out when his solicitor hasn't received the completion monies from your solicitor.

There is a tried & tested system in place for dealing with vendors who do not move out when completion has taken place. From what you have said, these may not apply to you as your solicitor has with held the completion monies.

You really need to take proper legal advice on this matter.

maninthestreet

I have a sense of deja-vu over this - wasn't there a very similar thread abourt 2-3 weeks ago? Coincidentally, the OP for that thread wasn't a native English speaker either, if I remember correctly.

It's not unusual for a purchase to complete, but when the buyer turns up at the property, they discover the vendor has left loads of their junk behind. I acquired a nice wheelbarrow that way.

sarah_elton

Correct procedure - vendor gets money, then you get the keys.

On the first day of the problem, did the vendor say "I can't move out today so we can't complete - don't send the money yet"?

The EA should be chasing all this as well I would have thought - they're so close to getting their commission. You could speak to them and see if they have spoken to the vendor's solicitor.

FDEER

sarah_elton wrote: »

Correct procedure - vendor gets money, then you get the keys.

On the first day of the problem, did the vendor say "I can't move out today so we can't complete - don't send the money yet"?

The EA should be chasing all this as well I would have thought - they're so close to getting their commission. You could speak to them and see if they have spoken to the vendor's solicitor.

If I understand correctly, at the moment of the completion, the property should be available to me, is that correct? But the problem is that in the completion date, there were still lots of the stuffs in the property, and it is not available. Maybe I say "I am waiting for the key" is not accurate, I mean I am waiting for the vendor finishing his work for completion.

The vendor dis say "I am not ready to complete", of course he didn't say "don't sent money to me"

FDEER

maninthestreet wrote: »

I have a sense of deja-vu over this - wasn't there a very similar thread abourt 2-3 weeks ago? Coincidentally, the OP for that thread wasn't a native English speaker either, if I remember correctly.

It's not unusual for a purchase to complete, but when the buyer turns up at the property, they discover the vendor has left loads of their junk behind. I acquired a nice wheelbarrow that way.

I also saw some similar case before in this forum, but the difference is that that guy had already sent money to the vendor, so the property was his. In my case, the completion was stopped because of the vendor's delay.

Jorgan_2

FDEER wrote: »

If I understand correctly, at the moment of the completion, the property should be available to me, is that correct? But the problem is that in the completion date, there were still lots of the stuffs in the property, and it is not available.

The vendor dis say "I am not ready to complete", of course he didn't say "don't sent money to me"

You are correct when you say that when you complete, the property should be available to you. The majority of people will move out of their property on the day of completion and there is usually some leeway given as to when the vendor actually moves out. By that I mean if the monies are recieved by the vendors solicitor at 11am, most people would expect the vendor to be out of the property by 1-2pm.

FDEER

Jorgan wrote: »

You are correct when you say that when you complete, the property should be available to you. The majority of people will move out of their property on the day of completion and there is usually some leeway given as to when the vendor actually moves out. By that I mean if the monies are recieved by the vendors solicitor at 11am, most people would expect the vendor to be out of the property by 1-2pm.

No, it is not the case you described. The real situation is in the completion date, the vendor even didn't find the moving company, so it is impossible to him to finish the moving in the same day. Now more than a week passed, he still works on his moving.

Jorgan_2

FDEER wrote: »

This is the most annoying part. My solicitor told me that within 10 days, if I interrupt the business, I will lose my deposit. On the other hand, if the vendor abort the sale, he only need to pay the interest of my mortgage. I think that it is totally unfair and I don't know who is the correct person I should talk with, another solicitor?

From memory this is correct, its been a while since I've had a property fail to complete.

[Deleted User]

You say that that the Vendor didn't say 'don't send me the money', only that he wasn't 'ready to move out'. In that case, that is his problem. I would have sent him the money on completion day, as agreed, and chucked him out of YOUR house.