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  • FIRST POST
    • ExNicotineQueen
    • By ExNicotineQueen 10th Apr 18, 11:19 AM
    • 334Posts
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    ExNicotineQueen
    What happens if vendors don't remove agreed stuff?
    • #1
    • 10th Apr 18, 11:19 AM
    What happens if vendors don't remove agreed stuff? 10th Apr 18 at 11:19 AM
    Found a house, offer been accepted and mortgage application in.

    Currently in the process of discussing with the vendors via the estate agents as to what will be left/what will be removed. There was a large pile of bricks in the front garden and all of the garden fence panels piled high in the back garden that we've asked to be removed which they have agreed to. They also asked if we wanted all of their white goods (ancient) and wardrobes etc (they were broken and falling apart) which again we declined. The couple are divorced and both have moved out, they have relatives living there for the time being.

    What happens if when we move in, none of it has been removed? It's not a small job by any means and would be quite costly to sort out once you factor in skip hire etc.

    Is this done on a 'trust' situation as in you hope that they will stand by their word? Or do you involve solicitors so it's written into contract somewhere? Total newbie here.
Page 1
    • ACG
    • By ACG 10th Apr 18, 11:22 AM
    • 16,708 Posts
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    ACG
    • #2
    • 10th Apr 18, 11:22 AM
    • #2
    • 10th Apr 18, 11:22 AM
    The vendors will fill our a form as for what is left in the house (ie fridge, curtains, boiler etc. They would tick anything being left - so read that.

    As for the bricks and bits in the front, I would speak to your solicitor about those as there will not be a box for "rubble in the garden".
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
    • pinklady21
    • By pinklady21 10th Apr 18, 11:25 AM
    • 519 Posts
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    pinklady21
    • #3
    • 10th Apr 18, 11:25 AM
    • #3
    • 10th Apr 18, 11:25 AM
    You would ask your solicitor to write it into the contract.
    A phrase something like - garden to be left in clear and tidy condition with all bricks , rubble firewood etc removed.
    House with vacant possession, items to be left X, Y, Z, items to be removed A, B, C.
    Your solicitor should be able to advise.
    • dunroving
    • By dunroving 10th Apr 18, 11:30 AM
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    dunroving
    • #4
    • 10th Apr 18, 11:30 AM
    • #4
    • 10th Apr 18, 11:30 AM
    Whatever you do, if stuff is left, don't have a big bonfire in the garden, as I'm sure some people will suggest.
    (Nearly) dunroving
    • pinkteapot
    • By pinkteapot 10th Apr 18, 12:09 PM
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    pinkteapot
    • #5
    • 10th Apr 18, 12:09 PM
    • #5
    • 10th Apr 18, 12:09 PM
    As others have said, it can be covered legally through the Fixtures and Fittings form (which forms part of the contract), and other contract additions. You can then take action via your solicitor if they don't move the stuff.

    However, in reality...

    If you think that, due to the circumstances, they may not actually clear it, I'd have a contingency in my moving budget for doing it myself (couple of skip hires). The reality is that pursuing legal action against them to get them to clear it if they get stubborn may be more time-consuming and costly than it's worth.
    • Robin9
    • By Robin9 10th Apr 18, 12:17 PM
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    Robin9
    • #6
    • 10th Apr 18, 12:17 PM
    • #6
    • 10th Apr 18, 12:17 PM
    Is it possible to hold back part of the purchase price - say 5000 - to allow for this.?
    Never pay on an estimated bill
    • ReadingTim
    • By ReadingTim 10th Apr 18, 12:27 PM
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    ReadingTim
    • #7
    • 10th Apr 18, 12:27 PM
    • #7
    • 10th Apr 18, 12:27 PM
    Is it possible to hold back part of the purchase price - say 5000 - to allow for this.?
    Originally posted by Robin9
    No.
    need to make ten characters
    • pmlindyloo
    • By pmlindyloo 10th Apr 18, 12:30 PM
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    pmlindyloo
    • #8
    • 10th Apr 18, 12:30 PM
    • #8
    • 10th Apr 18, 12:30 PM
    I think I would be more concerned about relatives living in the house. Are they renting it on a contract?

    Make sure your solicitor is aware that relatives are living there.
    • Out, Vile Jelly
    • By Out, Vile Jelly 10th Apr 18, 12:34 PM
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    Out, Vile Jelly
    • #9
    • 10th Apr 18, 12:34 PM
    • #9
    • 10th Apr 18, 12:34 PM
    There is high potential for chaos here, with the divorcing parties refusing to speak to each other and/or passing the buck with clearance responsibility, and the random temporary tenants. As well as advising your solicitor of these potential complications, have a word with the estate agent and say you may reconsider if these queries are not prioritised. Other buyers will also be put off.
    They are an EYESORES!!!!
    • ExNicotineQueen
    • By ExNicotineQueen 10th Apr 18, 12:42 PM
    • 334 Posts
    • 295 Thanks
    ExNicotineQueen
    I think I would be more concerned about relatives living in the house. Are they renting it on a contract?

    Make sure your solicitor is aware that relatives are living there.
    Originally posted by pmlindyloo

    Why is this important? I got the sense it was informal agreement between the woman owner and her cousin and partner who were just staying there until the house had been sold/so the house wasn't empty.



    There is high potential for chaos here, with the divorcing parties refusing to speak to each other and/or passing the buck with clearance responsibility, and the random temporary tenants. As well as advising your solicitor of these potential complications, have a word with the estate agent and say you may reconsider if these queries are not prioritised. Other buyers will also be put off.
    Originally posted by Out, Vile Jelly
    What exactly should I be saying to the EA? That her cousin and partner need to move out ASAP? Surely because the vendors still own the property it is theirs to do with as they like?
    • googler
    • By googler 10th Apr 18, 12:59 PM
    • 14,721 Posts
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    googler
    What if the informal tenants have nowhere to go and flat refuse to move out?

    It's no skin off their nose if they inconvenience you, and you'll have little or no legal recourse against them, since your contract will be with the owner(s) ....
    • martindow
    • By martindow 10th Apr 18, 1:00 PM
    • 7,527 Posts
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    martindow
    Why is this important? I got the sense it was informal agreement between the woman owner and her cousin and partner who were just staying there until the house had been sold/so the house wasn't empty.





    What exactly should I be saying to the EA? That her cousin and partner need to move out ASAP? Surely because the vendors still own the property it is theirs to do with as they like?
    Originally posted by ExNicotineQueen
    The concern is as to whether they will actually leave. If the relatives are paying something, the owners could have inadvertently set up a tenancy even if there is nothing in writing. In that case they would be entitled to stay until they are correctly evicted.

    You definitely need to tell your solicitor of the situation and to follow their advice, which will probably be not to exchange until the house is empty.
    • ExNicotineQueen
    • By ExNicotineQueen 10th Apr 18, 1:04 PM
    • 334 Posts
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    ExNicotineQueen
    Thank you for your advice, makes sense. I shall let the solicitor know.

    What happens in this instance, does my solicitor write to their solicitor and inform them of this?

    What should I say to the EA? That I've spoken to our solicitor and won't be exchanging until they have moved out?
    • dunroving
    • By dunroving 10th Apr 18, 1:14 PM
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    dunroving
    Thank you for your advice, makes sense. I shall let the solicitor know.

    What happens in this instance, does my solicitor write to their solicitor and inform them of this?

    What should I say to the EA? That I've spoken to our solicitor and won't be exchanging until they have moved out?
    Originally posted by ExNicotineQueen
    I'd recommend taking your solicitor's advice. When things get sticky like this, your solicitor earns their fee. The last thing you want is to say something to the EA that is legally incorrect.
    (Nearly) dunroving
    • Out, Vile Jelly
    • By Out, Vile Jelly 10th Apr 18, 1:36 PM
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    Out, Vile Jelly
    Just remind the agent that you won't be able to complete without vacant posession, and that this needs to be clear to the vendors.
    They are an EYESORES!!!!
    • AnotherJoe
    • By AnotherJoe 10th Apr 18, 1:41 PM
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    AnotherJoe
    Is it possible to hold back part of the purchase price - say 5000 - to allow for this.?
    Originally posted by Robin9
    No.
    need to make ten characters
    Originally posted by ReadingTim
    But it would be possible for them to lodge, say 500 with the OPs solicitor , repayable if the rubbish has been cleared.
    • AnotherJoe
    • By AnotherJoe 10th Apr 18, 1:43 PM
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    AnotherJoe
    Just remind the agent that you won't be able to complete without vacant possession, and that this needs to be clear to the vendors.
    Originally posted by Out, Vile Jelly
    And I would go round on day of exchange* and check house is empty, and also ensure that the solicitor doesn't exchange until they've heard from you.

    * if you can. If you live 200 miles away that might be a problem
    • DigForVictory
    • By DigForVictory 10th Apr 18, 1:49 PM
    • 7,593 Posts
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    DigForVictory
    Then change the locks on arrival, along with taking photos of meters etc, to ensure your new home stays your exclusive residence.

    I do hope we're not worrying you? All being well there should not be a problem, but it never hurts to be excruciatingly clear.
    • ExNicotineQueen
    • By ExNicotineQueen 10th Apr 18, 2:08 PM
    • 334 Posts
    • 295 Thanks
    ExNicotineQueen
    And I would go round on day of exchange* and check house is empty, and also ensure that the solicitor doesn't exchange until they've heard from you.

    * if you can. If you live 200 miles away that might be a problem
    Originally posted by AnotherJoe

    We do live far away, but I'd take the time off work to do this.


    Then change the locks on arrival, along with taking photos of meters etc, to ensure your new home stays your exclusive residence.

    I do hope we're not worrying you? All being well there should not be a problem, but it never hurts to be excruciatingly clear.
    Originally posted by DigForVictory

    I appreciate all the advice, it's something I hadn't thought about so forewarned is forearmed and all that.

    Just to be clear, on the day of exchange, does that mean we own the property? I thought we could only change the locks etc on day of completion?
    • AnotherJoe
    • By AnotherJoe 10th Apr 18, 2:18 PM
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    AnotherJoe
    We do live far away, but I'd take the time off work to do this.

    I appreciate all the advice, it's something I hadn't thought about so forewarned is forearmed and all that.

    Just to be clear, on the day of exchange, does that mean we own the property? I thought we could only change the locks etc on day of completion?
    Originally posted by ExNicotineQueen
    I think there was some sloppy wording somewhere yes you can only change teh locks etc on completion. On exchange you do not own it but in effect the seller has pledged to sell it to you at a specific date.

    You do need to insure it from day of exchange.
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