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Attic clearance before sale closes

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  • 29-07-2014 2:06pm
    #1
    choccymousse
    Registered Users Posts: 17 ✭


    Hi all,

    We are just about ready to close on a house sale however there is one outstanding issue - the attic. There is a lot of stuff still there from the sellers and they seem to be in no rush to clear it even though we should be closing end of this week. I am just worried that it will get to the closing date and we will be under pressure to close (we have given notice on our rental property) and we will be left with an attic full of junk we dont want - we have enough junk of our own to move up there !

    Just wondering what our options are here. We have asked our Solicitor to chase it which in fairness he has done but there seems to be no movement. If we get to the closing date and the attic still hasn't cleared would we get into trouble for delaying the sale if we continue to insist on the attic being cleared. Should also note that we had stipulated in the contract that we wanted this to be cleared.

    We are on a tight budget and estimate that it would take 2 largish skips to move whats there and of course we dont want to throw anything out that someone might come back looking for !

    Any advice welcome !


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    #2
    TheDriver
    Registered Users Posts: 12,417 ✭✭✭✭TheDriver


    ask your solicitor but unless the contract is fulfilled, its actually the seller who is delaying it and hence could be liable for penalties or indeed the cost of removal of rubbish....


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    #3
    tcif
    Registered Users Posts: 302 ✭✭tcif


    If you stipulated in the contract, which the vendor signed, that the attic should be empty as a condition of the sale closure then I would imagine you are well within your rights not to close (and hand over the final payment) until that condition is met. Your solicitor should be able to confirm this, as well as informing you if you have have any come-back against the vendors if they create an impasse by refusing to clear it by the agreed date.

    If they don't budge you could be left in the position of having to choose between paying for a skip for their stuff or paying rent and storage if you've given notice and need to move. Hopefully it won't come to that but your solicitor needs to chase harder!


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