Delay in closing

dawna

Bought a house about 2 months ago, the closing date was last week but they did not agree to close refused on the day as they had not got the house cleared out, we have our mortage drawn down & are paying for a house we havent got & they are making no effort to clear the house, are we able to claim something from them for the delay or what is the best way to approach the suitation????

Thanks

patrickolee

Are you sure the mortgage is drawn down? Normally the solicitors would co-ordinate all that with the bank, so that the money would not be drawn down until the sale closed. Otherwise the bank has released money against which it does not have security (i.e. deeds), which they really really really wouldn't like.

dawna

Yea I am sure got it checked there is allready nearly €300 interest added after a week, they agreed to close so we drew down the money the day before the due date its now sitting in our solictors client account making him a tidy few quid

patrickolee

Bummer. I'd say it would be the solicitor you'd have to chase then.... not much chance there. Hope the vendors move out asap.

godtabh

dawna wrote:

Yea I am sure got it checked there is allready nearly €300 interest added after a week, they agreed to close so we drew down the money the day before the due date its now sitting in our solictors client account making him a tidy few quid

Had the same problem. Solicitor returned the money and all charges were refunded. Opened up another bag of worm (solicitor and bank are ****ing idiots)

Electric

You can contact your solicitor and get him to force them to pick a day to close. Otherwise they could be there for the next two months.

If they are unwilling to do this then threaten to walk away from the sale and have the contract rescinded.

My uncle did this the vendors kept delaying and he got fed up so walked away from the sale, returned the mortgage money and sued them for the money they cost him in fees

dawna

House is empty for 18 months there is just some crappy old furniture & rubbish
in it they have had over 21/2 months to clear it out they are just dragging their heels

Electric

Then tell them to hire a skip pronto or you're walking away!

Simple as that

moloneyg

Hi all,

If you walk away then the vendor keeps the deposit, so whats the benefit in that???

Is there nothing that can be done to force the sale through??? based upon missing the signing date?

Gerry

mel123

moloneyg wrote:

Hi all,

If you walk away then the vendor keeps the deposit, so whats the benefit in that???

Gerry

I dont think this is technically right because the contract would have specified a closing date, and you signed it (as the seller), so therefore you are the one breaking the contract. If it was that easy then it would be easy money to be made?!?!?

jubi lee

if builders can charge interest if you don't close in time then it might be worth you asking your solicitor to see if he can charge them interest for each day they delay the move.

godtabh

jubi lee wrote:

if builders can charge interest if you don't close in time then it might be worth you asking your solicitor to see if he can charge them interest for each day they delay the move.

You can and I've done it but you get very little.

juke

Purchaser's can't charge interest.
tell your solicitor to return the loan cheque to the bank or account to you for interest s/he earns on it.