Viewing a house before closing up the sale.

Piligrim333

Hi All. We are first-time buyers, so don't have any experience in it and need a piece of advice.
We went through all the stages in house purchase and are scheduled to close in couple of days time.
I want to be sure that house is in the same condition as we've seen it last (about month and a half ago), i.e. nothing had been taken or removed (whatever is supposed to be included in the sale).
The vendor had been contacted via EA, but he ignores her calls/messages.
Is it normal to see the house before you OK the closing to your solicitor? I wonder does it sound doggy and the vendor's trying to be difficult?

seamus

It has become something that purchasers have been asking to do, but it was never really the norm.

You have a contract of sale which lists the items that are to be left, and unless you're going to stand over the vendor and watch them leave, you cannot guarantee that something won't be removed at the last minute. If something is removed, you have a legal avenue you can pursue.

Remember that the vendor is living in the house, they're in the middle of packing up and trying to leave, and you're asking to go in and do a walk-around inspection. It's a lot of hassle and intrusion from their point of view.

Unless you included a walk-around into the conditions of closing, the vendor has no obligation to honour your request and you have no good reason to delay closing.

maximum12

No that's not really normal to "OK" the closing. As a buyer you commit to the buy when you sign the contracts and pay your deposit. Is there a particular reason you suspect something is going on ? Whatever items were agreed to be left behind should be documented in the contract materials.

bleary

It was recommended to me to do it before closing,mainly to ensure that there was no rubbish dumped and that there was no deterioration in the property since the last viewing like a leak etc.

Are people still living there? Mine was vacant and there was no issue at all with it.
Even to measure up for furniture that you may need like beds etc.

I think the week of closing a one off visit should not be an issue.

intheclouds

It was recommended to me it be done to ensure no structural/fire/water or other damage had occurred in the time between signing contracts and closing.

SusanC10

When we bought our home over 12 years ago now we were advised by our Solicitor to inspect the house on the day of closing to ensure Vacant Possession and especially removal of items from Attic / Garage etc. Then we were to confirm with her that we were happy to complete the Purchase.

We did so. The Vendors and Removals were there. The Vendors were expecting us. We were happy enough - they were in the middle of packing / cleaning etc but Attic & Garage were empty and it was obvious there wouldn't be any issues. We told them that they could take their time as we wouldn't be collecting keys until just before close of business. We exchanged phone numbers. They left the house spotless with everything that was meant to be there and everything that was not gone.

Our Solicitor at the time told us that she had a lot of problems with Clients either finding lots of the Vendor's stuff still there or items included in the Sale missing.

Piligrim333

Thank you all for your replies.

As far as I'm aware, the vendors have moved from the property last week, so it is unoccupied right now.

We also have been recommended by our solicitor to do a check before closing the sale.

asteroids over berlin

If i were a seller, i would't have an issue with it, however, its 6 weeks not years.The surveyor has been in, all is acceptable! You would be amazingly unlucky if something were wrong.
I imagine the seller is feeling a little agrieved as they have their things to be doing too. It's a sellers market, depending on the predicament you may get some stubborn seller and say no, then what do you do? Put your tail between your legs or pull out? To go sale agreed on a property is a pretty fortunate occurence these days if your in Dublin as the prices of property are only going one way, so do you take the risk and try and find another property and potentially pay more? Personally i would sign off on it now.

intheclouds

asteroids over berlin wrote: »

If i were a seller, i would't have an issue with it, however, its 6 weeks not years.The surveyor has been in, all is acceptable! You would be amazingly unlucky if something were wrong.
I imagine the seller is feeling a little agrieved as they have their things to be doing too. It's a sellers market, depending on the predicament you may get some stubborn seller and say no, then what do you do? Put your tail between your legs or pull out? To go sale agreed on a property is a pretty fortunate occurence these days if your in Dublin as the prices of property are only going one way, so do you take the risk and try and find another property and potentially pay more? Personally i would sign off on it now.

If its sale agreed then the seller is contractually bound to go ahead with the sale or face being sued.

As a buyer Id be inclined to take legal advice from my solicitor on such a matter and insist that the final inspection is done. The seller doesnt have to do anything, the EA can provide access.

asteroids over berlin

intheclouds wrote: »

If its sale agreed then the seller is contractually bound to go ahead with the sale or face being sued.

As a buyer Id be inclined to take legal advice from my solicitor on such a matter and insist that the final inspection is done. The seller doesnt have to do anything, the EA can provide access.

Sale agreed ? Really didn't know that and what about vice versa then? Is the buyer not committed too? Technically it is still the sellers house, i would of thought they had the upper hand. I am pretty sure they don't have to give access, it's more a courtesy. Interesting situation though, i would like to hear thoughs on it.

Immy

I would recommend doing this, just to make sure sellers have taken all the junk and cleared out garage and attic.

I'm sorry I didn't do it before we bought as they left loads of crap that we didn't want and then we had to get rid of it.

I'd say there is cases of people buying house's with loads of junk in attic and garage not being cleared properly.

intheclouds

asteroids over berlin wrote: »

Sale agreed ? Really didn't know that and what about vice versa then? Is the buyer not committed too? Technically it is still the sellers house, i would of thought they had the upper hand. I am pretty sure they don't have to give access, it's more a courtesy. Interesting situation though, i would like to hear thoughs on it.

Yeah everybody is committed to follow through. But you are committed to what you signed up for. If you arrive along the day before closing and there is a change to what is in the contract (ie, burned the place down), you are not obliged to follow through.

On a less extreme note, if they said theyd leave the oven and fridge and upon inspection they have taken them, thats a breach of contract.

asteroids over berlin

Oh right i can see it valid for structural and contents but junk in the attic etc, a bit far perhaps.
Good information.

Curious, so what happens if the seller is stubborn and declines? Legal action?

ThisRegard

At sale agreed both the vendor and buyer can pull out without penalty, it's only when the contracts are signed could a forfeiture of a booking deposit occur.

intheclouds

ThisRegard wrote: »

At sale agreed both the vendor and buyer can pull out without penalty, it's only when the contracts are signed could a forfeiture of a booking deposit occur.

Sorry, I meant contracts signed, but presumably if they are talking about closing the contracts have been signed.