Moving out

Discussion in 'Finance, Property, Law' started by Fablonbiffchitthe1st, Mar 20, 2013.

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  1. Afternoon

    My ex and I have sold our house (STC) and following surveys etc the buyers are very keen to get everything moving so they can move in. However, here is my my question: my ex and our daughter need to find somewhere (rental) before they can move out of our home. Now clearly there will be a timeframe for owners to move out etc but what is considered a reasonable time if, for example, contracts are completeted by end of April? My ex is of the impression the buyers cant move in until she finds somewhere suitable and if that means upto 2 months then tough. I have said that it is unreasonable to expect the buyer to wait upto 2 months having paid for the property and I am starting to slowly lose my patience due to her expectations ie wanting a decent 3 bed house to move into, school catchment etc. I am sympathetic because of my daughter (10) but I think my ex seems unable to grasp the concept that once the house is bought she is expected to get HER arse in gear and not expect the buyer to wait upto 2 months. Please can someone give sensible advice?

    Thanks

    FBC 1st
     
  2. I'm pretty sure that once you've paid, the house is yours and they have to move out.
     
  3. Exchange of contracts = get the fúck out. There are lots of good reasons for getting people out of the house once it is legally yours. No one likes a squatter.
     
  4. You really need to speak to a solicitor as many things will depend on the wording of the contract.
     
    • Like Like x 1
  5. Make the costs incurred by others of their action clear to them.

    Offer to bill them for your gear being in storage. You can always make up a document with Big Yellow on it saying you are incurring charges of X amount per day and you can bill them for it.
    I had similar with my conveyancing (I did alot of mine as everyone was lazy with no initiative) and added up the costs of all involved in the chain and it encouraged one person to move out and rent. If left alone they would have been there for a few more weeks..could help with your situation?
     
  6. Wordsmith

    Wordsmith LE Book Reviewer

    What could happen in practice (and I've been on the wrong end of it in the past) is that your ex either tells the solicitor to go slow or fcuks the solicitor about so the paperwork only completes slowly. That way she gets more time.

    In your position, I'd be inclined to deal with the solicitor myself as much as possible.

    Wordsmith
     
  7. My understanding is that once contracts have been exchanged the house is no longer yours, so you must be out before that date or at the latest on that date.
     
  8. When you exchange contracts there will be a completion date specified, and on that day she will have to move out. On that day all money changes hands - from exchnage to completion the buyers will give their deposit to the solicitors and the solicitor will get the mortgage from the lender. Up until exchnage of contracts any of the parties can pull out with no loss of cash other than solicitors fees. From accepting an offer to completion can indeed be months, especially if a chain is involved. The risk of delaying exchnage of contracts is that the buyer may get pissed off, decide to forfeit the money they have spent on surveyors and solicitors and walk away. If completion doesn't occur on the day specified in the contract exchnaged, then the party at fault will be charged the industry standard late completion fee, which IIRC can be something mental like 10% of the purchase price PER DAY! I am pretty certain about all of this less the exact amount of teh delay fee, which if not 10% is still something massive.
     
  9. What he said.

    Exchange, and agreed completion (move) date. Buyers do not hang around for two months waiting for you to leave once bits of paper have been signed. Having bought and sold a fair few houses my experience is that thwy normally want in asap after the ink has dried.

    Also, they, their lender and their solicitor will expect vacant possession upon the settlement of their lenders funds upon your lender. This prevents awkward situations such as squatting from occuring. Also, a lender will generally not release funds until everyone is ready to move - the mortgage deal that the buyer has could be subject to. It being taken up wihin a given timeframe. If it is not taken up then the buyer will have to re-apply for a mortgage which gives them the opportnity to look elsewhere.

    The upshot is: they have expressed a desire to buy your house, by procrastinating it gives them the opportunity to pull out and also look elsewhere.

    My own experience is normally that I complete, have dosh transferred, whizz straight around to their estate agent and pick p the keys, check the place, make sure nothing is damaged or nothing has been left that should not be there.....ie a knackered Ford Capri in the garage one time.
     
  10. last time i moved house on the day of completion,the owners were sitting at the kitchen table having made no effort to pack,at 1400 our movers said f this and started to move us in,the departing woman was doing a art degree and had left all her art work in the garage without asking or making any effort to clean the house or pack,at 1800 that night i emptyed the art work onto the pavement and told her to shift her arse and get it before the foxes pissed on it,my solicitor was a complete cock and no help at all.
    one lad i worked with,two weeks after completion found the last owners midnight gardening in the back garden.
     
  11. Tell you what - your ex can buy my car and I will let her take possession as soon as someone else has bought me a Ferrari!
     
  12. The guy was probably SAS and had come back for his MP5 and Milan.
     
  13. Memories.......blanket stacker, not SAS.