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    • SuperCarpetCleanerMan
    • By SuperCarpetCleanerMan 9th Jan 18, 4:35 PM
    • 7Posts
    • 1Thanks
    SuperCarpetCleanerMan
    Lack of contract, what's going on
    • #1
    • 9th Jan 18, 4:35 PM
    Lack of contract, what's going on 9th Jan 18 at 4:35 PM
    Hello,

    New to the forum so be nice

    Myself and my better half have put an offer in for a house, had the mortgage offer in writing, searches done, survey done etc etc
    First time buyers, no chain, property is empty

    The seller still hasn't instructed their solicitors to send a draft contract and there is no sign of Fixtures/fittings... we have contacted the agent who has told us that the seller has had numerous home issues and that they were "too busy"..

    We put the offer in end of October..

    Should alarm bells start ringing? We're keen to move as we're currently paying 600 a month more than what our new house will be.. We don't want to be here any longer than we have to.
Page 1
    • Aylesbury Duck
    • By Aylesbury Duck 9th Jan 18, 4:40 PM
    • 1,991 Posts
    • 2,627 Thanks
    Aylesbury Duck
    • #2
    • 9th Jan 18, 4:40 PM
    • #2
    • 9th Jan 18, 4:40 PM
    Yes, alarm bells should start ringing. "Too busy" could cover a multitude of things, some genuine, some not. It's possible they are having second thoughts about selling. Either way, I would call the agent to find out what the hold-up is and consider recommencing a search for a different property.
    • Doozergirl
    • By Doozergirl 9th Jan 18, 4:42 PM
    • 25,182 Posts
    • 68,788 Thanks
    Doozergirl
    • #3
    • 9th Jan 18, 4:42 PM
    • #3
    • 9th Jan 18, 4:42 PM
    Oh wow. I’d have pulled out already - like after a couple of weeks. I wouldn’t pay a penny for anything like searches or surveys until draft contracts received.

    I mean, draft contracts is the key indicator of intention from vendor! Even then, the only effort is picking up the phone to a solicitor and signing their terms and conditions. That’s it. The rest is the solicitor’s job.

    Sorry
    Everything that is supposed to be in heaven is already here on earth.
    • JoJo1978
    • By JoJo1978 9th Jan 18, 4:46 PM
    • 350 Posts
    • 429 Thanks
    JoJo1978
    • #4
    • 9th Jan 18, 4:46 PM
    • #4
    • 9th Jan 18, 4:46 PM
    I think that you need at this stage to give an ultimatum that unless they make progress by end of this week you'll pull out. Then follow through and do that, start to look elsewhere. Sorry, but it sounds like they're not selling.
    Hamster in the wheel (London) 1999-2017
    Mortgage free since 2015; Pension pot sorted 2017
    Part-time gigger and charity volunteer 2018
    • SuperCarpetCleanerMan
    • By SuperCarpetCleanerMan 9th Jan 18, 4:47 PM
    • 7 Posts
    • 1 Thanks
    SuperCarpetCleanerMan
    • #5
    • 9th Jan 18, 4:47 PM
    • #5
    • 9th Jan 18, 4:47 PM
    We're a bit new to all this being first time buyers and assumed that all that was underway..

    I've just spoken to my wife now and the term that hit a note is "awaiting instructions".. meaning that they haven't paid the solicitor yet to start the ball rolling..

    If we lose the survey fee's, so be it.. everything happens for a reason eh ?
    • SuperCarpetCleanerMan
    • By SuperCarpetCleanerMan 9th Jan 18, 5:06 PM
    • 7 Posts
    • 1 Thanks
    SuperCarpetCleanerMan
    • #6
    • 9th Jan 18, 5:06 PM
    • #6
    • 9th Jan 18, 5:06 PM
    I don't know, we're constantly having to chase them and the estate agents have informed us that they "are awaiting instruction"...
    • Tiglet2
    • By Tiglet2 9th Jan 18, 6:27 PM
    • 162 Posts
    • 173 Thanks
    Tiglet2
    • #7
    • 9th Jan 18, 6:27 PM
    • #7
    • 9th Jan 18, 6:27 PM
    Check with your solicitor, but I would doubt very much that they would have ordered searches (even though you may have paid for them) without having first received the draft contract pack from the seller's solicitor. They need the official copies of the title so that the searches are ordered for the correct property, as you could wasting a lot of money on the wrong property. Hopefully your solicitor can refund you the fee if searches hadn't been applied for.
    • davidmcn
    • By davidmcn 9th Jan 18, 9:36 PM
    • 7,815 Posts
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    davidmcn
    • #8
    • 9th Jan 18, 9:36 PM
    • #8
    • 9th Jan 18, 9:36 PM
    They need the official copies of the title so that the searches are ordered for the correct property
    Originally posted by Tiglet2
    They really don't, though I see this cited quite a lot as an excuse for how slow English house-buying is.
    • Tiglet2
    • By Tiglet2 9th Jan 18, 9:57 PM
    • 162 Posts
    • 173 Thanks
    Tiglet2
    • #9
    • 9th Jan 18, 9:57 PM
    • #9
    • 9th Jan 18, 9:57 PM
    I guess it's a standard accepted response rather than admit they don't start any work on the file until draft contract pack is in....!
    • SuperCarpetCleanerMan
    • By SuperCarpetCleanerMan 14th Jan 18, 8:54 AM
    • 7 Posts
    • 1 Thanks
    SuperCarpetCleanerMan
    We'll five days later,the solicitors have had contact with the seller, who's ill..

    we shall wait on, how long do you give it before it becomes a "lost cause", really don't want to lose my survey and solicitors deposit..
    • seashore22
    • By seashore22 14th Jan 18, 9:27 AM
    • 1,028 Posts
    • 2,248 Thanks
    seashore22
    So when the solicitors had contact with the sellers what did they say, other than "I'm ill"? Presumably they are capable of speech and communicating exactly what is happening.

    Personally I would be preparing to back out of the purchase if they can't give a better idea of what is going on. You get time wasters on both sides, both buyers and sellers. It's not looking good.
    • Margot123
    • By Margot123 14th Jan 18, 9:33 AM
    • 834 Posts
    • 852 Thanks
    Margot123
    Out of curiosity, are you buying a Probate property?

    We have in the past encountered issues with these. One was because they hadn't even applied for legal authority to sell, another as they just couldn't part with the family home.
    • SuperCarpetCleanerMan
    • By SuperCarpetCleanerMan 14th Jan 18, 9:56 AM
    • 7 Posts
    • 1 Thanks
    SuperCarpetCleanerMan
    All we got back was that the seller is ill and so hasn't sent back the forms, It's been 5 weeks, and an apology.
    The seller text me to apologise and say they will be getting the forms done, this was Wednesday night, I text back to say thanks, then again Friday to ask when they were likely to be sent. No reply..

    Going scouting a few houses to look at today, absolute heartbreaking as I had my heart set on that one,

    Appreciate the advice, Next door but one have sold, completed and moved in the in time we have been waiting for a contract.
    • Mutton Geoff
    • By Mutton Geoff 14th Jan 18, 10:07 AM
    • 1,139 Posts
    • 1,243 Thanks
    Mutton Geoff
    House buying will often require some to and fro with the vendor as questions are raised as a result of the searches and forms. If your vendor hasn!!!8217;t even had his solicitor instructed to draw up a draft contract after all this time, what hope for the whole process?

    I don!!!8217;t accept being ill as an excuse, has the rest of the vendors life also ground to a halt? I bet not. This rings alarm bells and I would pull out. The vendors agent is relying on your soft touch and inexperience to keep his commission. I would be pulling out but you could also start viewing other properties on that agent!!!8217;s books (even if they don!!!8217;t appeal). This will spark more action but if your vendor isn!!!8217;t interested, it won!!!8217;t be this one you!!!8217;re buying.

    Good luck.
    Compensations/Refunds from Banks & Institutions - £4,165 | Stooz Profits - £7,636 | Quidco - £4,014

    All with a big thank you to Martin and MSE.com from Mutton Geoff!
    • JoJo1978
    • By JoJo1978 14th Jan 18, 10:27 AM
    • 350 Posts
    • 429 Thanks
    JoJo1978
    Sorry to hear of your ongoing delay. There's obviously a huge spectrum of ailments that 'ill' covers from feeling under the weather to gravely. You've had contact with the vendor though, or at least someone they've entrusted their phone to, so my guess is it's probably not on the more serious side - I think a fuller explanation would have accompanied the apology. You asked how long to wait and I think time's up now imho, irrespective of illness.

    Book other viewings and withdraw your offer. If that elicits a speedy recovery of the vendor, great. If not you're already back in the game scouting alternatives. Good luck
    Hamster in the wheel (London) 1999-2017
    Mortgage free since 2015; Pension pot sorted 2017
    Part-time gigger and charity volunteer 2018
    • moneyistooshorttomention
    • By moneyistooshorttomention 14th Jan 18, 10:52 AM
    • 15,835 Posts
    • 43,842 Thanks
    moneyistooshorttomention
    Another one that thinks you'd better start looking again. Hope this does work out for you - but have a suspicion the vendor has thought "first time buyer - good...that should be someone I can string along until whenever-I-like".

    I had it done to me when buying my first house - and subsequently found out they'd done it to at least one person before me and were having a go at doing it to people after me. I had to buy another (worse and dearer) house instead.

    Vendors know that buyers often become more cynical when buying subsequent houses and, as someone on my second house now, I suspect we've really only got a pretty good idea what's what by the time we get to house 3 or house 4 (maybe sooner if one of our houses has been in a part of the country where things are often different to "our norm").
    Living in a part of Britain where one has to "look over shoulder" before you speak...eek:
    • Margot123
    • By Margot123 14th Jan 18, 12:22 PM
    • 834 Posts
    • 852 Thanks
    Margot123
    You haven't responded to my question as to whether or not it is a Probate property. Perhaps you don't know.
    If you suspect it is, first try to find the name of the deceased, then check here to see if Probate has been granted: https://probatesearch.service.gov.uk/#wills

    If it hasn't been granted, then walk away from it now! It can take several months, if they actually apply.

    HTH.
    • SuperCarpetCleanerMan
    • By SuperCarpetCleanerMan 14th Jan 18, 1:25 PM
    • 7 Posts
    • 1 Thanks
    SuperCarpetCleanerMan
    Margot, I'm not aware of it being Probate, sorry I forgot to reply to the question. I can't imagine it being as they said they bought the house about 20 years ago..
    • Smodlet
    • By Smodlet 14th Jan 18, 2:04 PM
    • 3,164 Posts
    • 6,279 Thanks
    Smodlet
    And another who thinks you should walk away or, at the very least, give an ultimatum and stick to it. You say it is not a probate property but, depending on the severity of this illness, who is to say it will not become one if you wait much longer?

    I think the time to start looking for a fall-back house (which just might turn out to be better than this one) is now.
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • Margot123
    • By Margot123 14th Jan 18, 3:24 PM
    • 834 Posts
    • 852 Thanks
    Margot123
    Margot, I'm not aware of it being Probate, sorry I forgot to reply to the question. I can't imagine it being as they said they bought the house about 20 years ago..
    Originally posted by SuperCarpetCleanerMan
    Could even be a divorce situation then. Need to sell but other party making it awkward. In fact could be anything.

    Let it be their problem and walk away.........which from what I read, you will do anyway.

    You'll find another property to fall in love with. This one was just not to be.
    Good luck.
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