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  • FIRST POST
    • ric1982
    • By ric1982 9th Aug 18, 11:38 AM
    • 187Posts
    • 31Thanks
    ric1982
    Vendor's request
    • #1
    • 9th Aug 18, 11:38 AM
    Vendor's request 9th Aug 18 at 11:38 AM
    Hi,

    We are currently in final stages of exchange for our house purchase.

    The vendor is moving out into rental and I think she doesn't have much man power currently to move all the stuff out in time. She has requested if she can leave some stuff in the garage for a couple of weeks and collect it later on. We are happy with this. Just want to know if there are any legal implications for this?

    I have asked solicitor and she said it mutual understanding between buyer and seller so there is no issue from conveyancing. But because the stuff does not belong to you as a result the insurance will not cover it.

    What can we do from our end so that we don't end up in complicated / legal situation if things go wrong?

    Just to know we agreed to help because it seemed like it could make thing faster otherwise it would take a while to move out all stuff as the vendor is by herself.

    Thanks
Page 1
    • Sunny Intervals
    • By Sunny Intervals 9th Aug 18, 11:44 AM
    • 428 Posts
    • 1,352 Thanks
    Sunny Intervals
    • #2
    • 9th Aug 18, 11:44 AM
    • #2
    • 9th Aug 18, 11:44 AM
    I wouldn't have agreed to it, but if you're happy to do it, you should get something in writing from the vendor agreeing that you're not liable for any damage to her property and that it will be removed by x date.
    • HampshireH
    • By HampshireH 9th Aug 18, 11:46 AM
    • 984 Posts
    • 1,126 Thanks
    HampshireH
    • #3
    • 9th Aug 18, 11:46 AM
    • #3
    • 9th Aug 18, 11:46 AM
    Your agreement also needs to give an expiry date and I would suggest reading up on serving a TORT to coincide with that date so that you can readily dispoae afterwards.

    Personally i would advise them to get it put into storage.

    If she chooses not to collect you could have no uae of your garage for a very long time.
    • AnotherJoe
    • By AnotherJoe 9th Aug 18, 11:47 AM
    • 10,971 Posts
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    AnotherJoe
    • #4
    • 9th Aug 18, 11:47 AM
    • #4
    • 9th Aug 18, 11:47 AM
    "Man power"? "By herself" ? Thats whats a removal firm is for !

    So to put it in context, she is saying that in order to save money she'd like to use your garage for storage, and friends for removals.

    Probably most people here will say not to do it, I tend that way* but I would say if you do, write up an agreement that says she agrees that there is no duty of care and that if the items are not removed by date X you will dispose of them and charge her for that.

    Because as sure as eggs is eggs, if you dont make a timescale clear and unambiguous (and frankly, most likely even if you do) she is going to ask for another week and another week and so on.

    * the upside of doing it it might be it does get you in the house rather than one of these predicaments where the vendors are cheapskates and dont get proper removals and end up moving out at 9pm or something.
    • hazyjo
    • By hazyjo 9th Aug 18, 12:14 PM
    • 10,996 Posts
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    hazyjo
    • #5
    • 9th Aug 18, 12:14 PM
    • #5
    • 9th Aug 18, 12:14 PM
    Also wouldn't have agreed to it. You could say something like 'my solicitor isn't happy with it and has advised against it' to get out of it.


    Contrary to what AnotherJoe says - I bet she is still moving her stuff out late PM or into the evening, and you won't gain access, and it will be all the crap left in the garage that she doesn't know where to put in her rental (or if indeed she's going to take it yet). When she works out how much storage will cost for it, she'll either leave it, or try to sell bits of it meaning people in and out of it to view and maybe not bothering to turn up or her saying 'would you mind just taking a couple of photos of X item and sending it to me, or I could pop round to do it myself'...


    Nah, I'd definitely be trying to wangle my way out of this.
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes
    • AnotherJoe
    • By AnotherJoe 9th Aug 18, 12:39 PM
    • 10,971 Posts
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    AnotherJoe
    • #6
    • 9th Aug 18, 12:39 PM
    • #6
    • 9th Aug 18, 12:39 PM
    hmmm, I think unfortunately Hazy Jo is probably right about whats going to happen.

    And thinking of that i wonder if a firm "no" (blaming your solicitor so its not seen as personal) might make her pony-up for removals, and get out quicker.

    So, I've changed my mind (thanks to HJ), how about a reply saying "unfortunately our solicitor advises against, so i suggest if you think you will have issues removing your possessions in time you employ a removal firm and storage facilities since our solicitor also advises there are financial implications for not leaving the property vacant after completion"
    • westernpromise
    • By westernpromise 9th Aug 18, 1:21 PM
    • 4,263 Posts
    • 5,546 Thanks
    westernpromise
    • #7
    • 9th Aug 18, 1:21 PM
    • #7
    • 9th Aug 18, 1:21 PM
    Rather than untruthfully blaming the solicitor you could just say you have a pile of your own tut that wants stashing somewhere and the garage is where you have in mind, so sorry but you'll be needing it right away.

    Or perhaps you could say that you drive an Audi. As this is hideously embarrassing, you obviously need the garage to hide it in, so you won't get off on the wrong foot with the neighbours seeing the Audi and laughing at you or thinking you're some sort of to55er.
    Buying a house, if you believe the market has a way to fall, or if you are paying sill asking prices ( like some sheeple ) or if you are buying in London, is now a massive financial gamble!!!!! - June 8, 2012 by TheCountOfNowhere
    • Cakeguts
    • By Cakeguts 9th Aug 18, 1:35 PM
    • 5,042 Posts
    • 7,575 Thanks
    Cakeguts
    • #8
    • 9th Aug 18, 1:35 PM
    • #8
    • 9th Aug 18, 1:35 PM
    NO. When you sell a house you take all your stuff with you. You don't leave a load of stuff in their garage to collect at you leisure. I also agree with the comments above and I think you need to ask your solicitor to remind the vendor's solicitors to point out to the vendor that the house must be vacant and have everything removed by the time of completion and it is not acceptable for anything belonging to the vendor to be left in the house after that time.
    • ric1982
    • By ric1982 9th Aug 18, 1:42 PM
    • 187 Posts
    • 31 Thanks
    ric1982
    • #9
    • 9th Aug 18, 1:42 PM
    • #9
    • 9th Aug 18, 1:42 PM
    Thanks all for your response.

    In worst case, what are the implications of this? Mind you we are FTB and dont have much stuff with us. We don't have use of the garage for now. This just the way to get things moving otherwise we will be paying rent on coming month(s) and have financial penalties that way.

    I think because the house in vacant possession on paper, its prob. be not advisable to put things in writing because if for e.g. theft happens you can deny ever having the items in first place. I am not too bothered about discarding stuff myself in case vendor dont come and collect. It would still be cheaper then paying extra month's rent!
    • davidmcn
    • By davidmcn 9th Aug 18, 1:47 PM
    • 8,785 Posts
    • 9,291 Thanks
    davidmcn
    In worst case, what are the implications of this?
    Originally posted by ric1982
    She leaves behind a load of stuff which is really awkward/messy to dispose of, and you never hear from her again.

    Or she comes back and starts some dispute with you about something she claims is missing / damaged.

    Or her aggrieved ex knocks on your door demanding into the garage as it's actually all his stuff.

    I expect other scenarios are also possible.
    • lincroft1710
    • By lincroft1710 9th Aug 18, 1:57 PM
    • 11,108 Posts
    • 9,457 Thanks
    lincroft1710
    Just don't do it!!!

    There is enough stress involved with buying a house and moving your stuff into it without the hassle of part of your purchase being crammed with somebody else's rubbish. They will either never come and retrieve it or will want to take it in dribs and drabs at the most inconvenient times.
    • westernpromise
    • By westernpromise 9th Aug 18, 2:03 PM
    • 4,263 Posts
    • 5,546 Thanks
    westernpromise
    She leaves behind a load of stuff which is really awkward/messy to dispose of, and you never hear from her again.

    Or she comes back and starts some dispute with you about something she claims is missing / damaged.

    Or her aggrieved ex knocks on your door demanding into the garage as it's actually all his stuff.

    I expect other scenarios are also possible.
    Originally posted by davidmcn
    That's a good point: she claims she left a Ming vase and it's gone. You agreed to look after it, so you owe her...

    She'd never win that one but you'd incur cost defending it. But what about if the garage leaks and ruins her stuff? That would be your fault as well because you failed to maintain the garage.

    She needs to jog on I think.
    Buying a house, if you believe the market has a way to fall, or if you are paying sill asking prices ( like some sheeple ) or if you are buying in London, is now a massive financial gamble!!!!! - June 8, 2012 by TheCountOfNowhere
    • mrginge
    • By mrginge 9th Aug 18, 2:11 PM
    • 4,672 Posts
    • 8,865 Thanks
    mrginge
    I think because the house in vacant possession on paper, its prob. be not advisable to put things in writing because if for e.g. theft happens you can deny ever having the items in first place. I am not too bothered about discarding stuff myself in case vendor dont come and collect. It would still be cheaper then paying extra month's rent!
    Originally posted by ric1982
    Well you think wrong.
    • PasturesNew
    • By PasturesNew 9th Aug 18, 2:17 PM
    • 64,598 Posts
    • 379,257 Thanks
    PasturesNew
    It's not worth the hassle and inconvenience that could easily occur.... she needs to move totally out, with all her stuff, before/on the day - a local self storage unit wouldn't cost her much for the time she believes she'd need things storing - and if she rented it from the week before completion she could get stuff in there ahead of the day, then remove it at her leisure.

    Aside from insurance/risk etc, there's that perpetual embarrassing and/or heart-sinking moment when you see the last owner's vehicle approaching your house (yet again!!) and you think "shall I hide? how long will they be? hope it's all going now....."
    • AnotherJoe
    • By AnotherJoe 9th Aug 18, 2:33 PM
    • 10,971 Posts
    • 12,661 Thanks
    AnotherJoe
    Rather than untruthfully blaming the solicitor you could just say you have a pile of your own tut that wants stashing somewhere and the garage is where you have in mind, so sorry but you'll be needing it right away.

    Or perhaps you could say that you drive an Audi. As this is hideously embarrassing, you obviously need the garage to hide it in, so you won't get off on the wrong foot with the neighbours seeing the Audi and laughing at you or thinking you're some sort of to55er.
    Originally posted by westernpromise
    ROFL
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