Demitri_C Posted October 28, 2020 Share Posted October 28, 2020 56 minutes ago, Genie said: The contracts won’t be exchanged until the house is complete. Well the thing is genie the sellers want me to exchange contracts this week but complete 11th dec. How the hell does that work? No way am i agreeing to that Link to comment Share on other sites More sharing options...
Genie Posted October 28, 2020 Share Posted October 28, 2020 1 minute ago, Demitri_C said: Well the thing is genie the sellers want me to exchange contracts this week but complete 11th dec. How the hell does that work? No way am i agreeing to that That sounds like madness. If they’re legally obliged to complete on the 11th but the house isn’t ready it’s them that’s in the most trouble. Link to comment Share on other sites More sharing options...
ender4 Posted October 28, 2020 Share Posted October 28, 2020 On 27/10/2020 at 06:42, Mandy Lifeboats said: @Demitri_C. If possible try not to complete on a Friday. It’s the busiest day and the day many people are absent from work. This makes the banking and legal system much less able to respond if something goes wrong. Wednesday is the best day. You will also find that removal firms offer better deals. It’s cheaper AND more likely to go through smoothly. so true! Also don't complete on the last working day before offices break up for Xmas - not only the busiest day of the year, but half the legal/banking staff are already on their hols. 1 Link to comment Share on other sites More sharing options...
Demitri_C Posted October 28, 2020 Share Posted October 28, 2020 38 minutes ago, Genie said: That sounds like madness. If they’re legally obliged to complete on the 11th but the house isn’t ready it’s them that’s in the most trouble. Thats the thing say the house isnt ready? Then i have to wait after xmas. With a new build its very possible esp so close to xmas. The thing is the buyers said to us they would move out whenever they are ready as they coukd stay with their daughter. The agent has also said this continuously. Now im almost ready they pulling this on me. If they want to wait until December then ilm exchange in december closer to the time. Not 7 weeks before Link to comment Share on other sites More sharing options...
Genie Posted October 28, 2020 Share Posted October 28, 2020 (edited) 17 minutes ago, Demitri_C said: Thats the thing say the house isnt ready? Then i have to wait after xmas. With a new build its very possible esp so close to xmas. The thing is the buyers said to us they would move out whenever they are ready as they coukd stay with their daughter. The agent has also said this continuously. Now im almost ready they pulling this on me. If they want to wait until December then ilm exchange in december closer to the time. Not 7 weeks before If the contracts are exchanged and a completion date is set then it legally must complete on that day. They can’t just push the completion date back if they aren’t ready. With our last move the lenders of our house buyer were closed the day before completion (it was a Scottish lender and there was heavy snow) meaning the money wasn’t in place the day before as they like it. Our solicitor was saying that their solicitors were having to pull in their own personal money just in case the money from the lender didn’t land in time because if not they’d be in breach of contract and the rest of the chain would sue them for thousands. You could make a clause in the contract saying that if after exchanging the completion doesn’t happen on the agreed date a huge penalty must be paid (your solicitor may add this in anyway as normal business). Edited October 28, 2020 by Genie Link to comment Share on other sites More sharing options...
Demitri_C Posted October 28, 2020 Share Posted October 28, 2020 1 hour ago, Genie said: If the contracts are exchanged and a completion date is set then it legally must complete on that day. They can’t just push the completion date back if they aren’t ready. With our last move the lenders of our house buyer were closed the day before completion (it was a Scottish lender and there was heavy snow) meaning the money wasn’t in place the day before as they like it. Our solicitor was saying that their solicitors were having to pull in their own personal money just in case the money from the lender didn’t land in time because if not they’d be in breach of contract and the rest of the chain would sue them for thousands. You could make a clause in the contract saying that if after exchanging the completion doesn’t happen on the agreed date a huge penalty must be paid (your solicitor may add this in anyway as normal business). Yes i am thinking this (your last paragraph) I wasnt sure if legally standing you could do that Link to comment Share on other sites More sharing options...
Mandy Lifeboats Posted October 28, 2020 Share Posted October 28, 2020 @Demitri_C Although a penalty clause is possible and legally enforceable its not very practical. Your solicitor will charge you extra to draft it. The other parties solicitor will try to negotiate. Your solicitor will reply and charge you for every reply. If the penalty clause ever kicked in you could expect them to fight it. That would cost you more money. Sorry to make a generalisation, but solicitors that do conveyancing are normally the most junior or ineffective solicitors in any firm. They are also much cheaper than solicitors who can draft and enforce this sort of penalty clause. Check with your solicitor. They might have a standard penalty clause that they can just insert into you agreement. They might. But if I have agreed a price with you and you now want to insert a penalty clause, I would want to renegotiate the price to reflect my added risk. Moving house is incredibly stressful and what you are experiencing is not unusual. But try to discuss the issue first without mentioning pulling out or penalty clauses. I was once on the opposite side to you. I wanted to move after Christmas. The other party wanted the week before Christmas. They threatened to pull out. I called their bluff. Were they really going back to square 1 and losing all the money they had spent so far? Sorry to be a killjoy but this is why its so stressful. Link to comment Share on other sites More sharing options...
Demitri_C Posted October 28, 2020 Share Posted October 28, 2020 58 minutes ago, Mandy Lifeboats said: @Demitri_C Although a penalty clause is possible and legally enforceable its not very practical. Your solicitor will charge you extra to draft it. The other parties solicitor will try to negotiate. Your solicitor will reply and charge you for every reply. If the penalty clause ever kicked in you could expect them to fight it. That would cost you more money. Sorry to make a generalisation, but solicitors that do conveyancing are normally the most junior or ineffective solicitors in any firm. They are also much cheaper than solicitors who can draft and enforce this sort of penalty clause. Check with your solicitor. They might have a standard penalty clause that they can just insert into you agreement. They might. But if I have agreed a price with you and you now want to insert a penalty clause, I would want to renegotiate the price to reflect my added risk. Moving house is incredibly stressful and what you are experiencing is not unusual. But try to discuss the issue first without mentioning pulling out or penalty clauses. I was once on the opposite side to you. I wanted to move after Christmas. The other party wanted the week before Christmas. They threatened to pull out. I called their bluff. Were they really going back to square 1 and losing all the money they had spent so far? Sorry to be a killjoy but this is why its so stressful. Thanks for your advice and no apology required. But i wouldnt need this penalty charge if the date they were suggesting was realistic. I cant even do the 11th dec as i am going ti be aware and they are insistent on that fate and i am refusing for that reason. I am willing to compromise but for them it seems this is the date they want only. Tough shit you have ti suggest another date which will likely be after xmas now Link to comment Share on other sites More sharing options...
Demitri_C Posted November 1, 2020 Share Posted November 1, 2020 Does anyone know if moving house during lockdown is allowed? Link to comment Share on other sites More sharing options...
Seat68 Posted November 1, 2020 Share Posted November 1, 2020 11 minutes ago, Demitri_C said: Does anyone know if moving house during lockdown is allowed? My hope is that it’s completely unaffected. Removal companies have been practicing social distancing apparently. Link to comment Share on other sites More sharing options...
Demitri_C Posted November 1, 2020 Share Posted November 1, 2020 Just now, Seat68 said: My hope is that it’s completely unaffected. Removal companies have been practicing social distancing apparently. To be honest i dont see why this should be effected. All it is having removals and builders in your home and thats up to the home owner 1 Link to comment Share on other sites More sharing options...
mikeyp102 Posted November 1, 2020 Share Posted November 1, 2020 30 minutes ago, Demitri_C said: Does anyone know if moving house during lockdown is allowed? It was during the original lockdown in March so I can’t imagine why not now Link to comment Share on other sites More sharing options...
Demitri_C Posted November 1, 2020 Share Posted November 1, 2020 28 minutes ago, mikeyp102 said: It was during the original lockdown in March so I can’t imagine why not now Was it? Thought it was banned as im sure estate agents were closed or the property market was frozen from what i remembered Link to comment Share on other sites More sharing options...
mikeyp102 Posted November 1, 2020 Share Posted November 1, 2020 3 minutes ago, Demitri_C said: Was it? Thought it was banned as im sure estate agents were closed or the property market was frozen from what i remembered Some were closed, but I know of 2 people who moved during it Link to comment Share on other sites More sharing options...
Mandy Lifeboats Posted November 1, 2020 Share Posted November 1, 2020 @Demitri_C The new lock down is subject to a parliamentary vote so exact details are not certain at the moment. But house moves were allowable in the highest local lock down level and are likely to be allowable from Thursday. Check gov.uk later in the week. My best guess is that you will be ok. 1 Link to comment Share on other sites More sharing options...
Genie Posted November 1, 2020 Share Posted November 1, 2020 I have relatives that moved during the last lockdown too Link to comment Share on other sites More sharing options...
Brumstopdogs Posted November 1, 2020 Share Posted November 1, 2020 https://www.mirror.co.uk/news/politics/breaking-people-can-continue-move-22941191 Quote Writing on Twitter, Mr Jenrick said: "Housing market update ahead of Thursday's measures: Renters & homeowners will be able to move; Removal firms and estate agents can operate; Construction sites can and should continue; Tradespeople will be able to enter homes. @Demitri_C 1 1 Link to comment Share on other sites More sharing options...
Demitri_C Posted November 1, 2020 Share Posted November 1, 2020 17 minutes ago, Brumstopdogs said: https://www.mirror.co.uk/news/politics/breaking-people-can-continue-move-22941191 @Demitri_C Brill thank you @Brumstopdogs Link to comment Share on other sites More sharing options...
Seat68 Posted November 2, 2020 Share Posted November 2, 2020 See its been posted. Link to comment Share on other sites More sharing options...
Stevo985 Posted November 2, 2020 VT Supporter Share Posted November 2, 2020 On 04/10/2020 at 21:43, Stevo985 said: It isn't listed on Rightmove. It was, but it's now off the market But thanks. We're going to write a letter and stick it in the post this week I did this in the end. The woman replied and said she was going to put it back on the market but 10 grand higher than she had it on before (even though it was on for a year at the old price and she didn't sell it) So either she's done the old "stick the stamp duty on top" trick or she's just chancing her arm with us. Either way I've effectively said our old offer still stands and we wouldn't be able to go to her new price and I'm leaving it with her. Hopefully the temptation of a quick sale and no (or less) estate agent fees will convince her Link to comment Share on other sites More sharing options...
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