Is buyer entitled to walk through day before purchase?

October

Hi, just wondering if a buyer is entitled to a walk through the day before a purchase? Our buyer wants a walk through with us here to explain how things work - boiler, etc. They have been particularly awkward so far and I am not in the mood to oblige!!

BabysCoffee

Just say you're not available to do this. I've never heard of a buyer requesting this.

GingerLily

Is there any risk they won't complete the purchase?

C3PO

How keen are you to complete the sale? It might be just easier to oblige!

Cash_Q

Our surveyor recommended that we have a final walk through as did our solicitor. Why not indulge them, what have you got to lose? So what if they've been a pain to deal with, it's the last few hours before closing the sale which I presume you want to happen without delay?

Gumbo

October wrote: »

Hi, just wondering if a buyer is entitled to a walk through the day before a purchase? Our buyer wants a walk through with us here to explain how things work - boiler, etc. They have been particularly awkward so far and I am not in the mood to oblige!!

They are not entitled, but they can pull out of the sale as you may be hiding something.

This topic has come up before, I also recommend a walk through the day before hand over to ensure :

House is cleared
Belongings removed
Gardens clear of rubbish, and any other items
House still contains items that are included in the sale such as boilers, fittings etc

Yes, i've seen houses that were stripped of the new boiler and replaced with second hand units, houses stripped of radiators and replaced with older ones and even kitchen units been swapped out before handover.

Sleeper12

Ive done this myself a few times. On one property I found that the water was drained. On further investigation I found that the hot water cylinder had leaked since my surveyor had inspected. Cylinder needed replacing. That one cost him €500

surrender monkey

If the contract has been signed and the deposit has been paid the purchaser can not pull out of the sale or they will loose their deposit. The folks saying this are incorrect. Maybe just humour them one last time to get the sale over the line !

Toby Esterhase

surrender monkey wrote: »

If the contract has been signed and the deposit has been paid the purchaser can not pull out of the sale or they will loose their deposit. The folks saying this are incorrect. Maybe just humour them one last time to get the sale over the line !

That's incorrect. If seller is in breach of contract the purchaser can definitely pull out without penalty.
There should be something in the contract about condition of property.
I'm not a lawyer but if that was the case, the seller could flood or burn the house down in the period between contracts signed and closing and still force the sale through. From my own experience that period can be 3+ months in some cases. Anything could happen during that time.

C3PO

surrender monkey wrote: »

If the contract has been signed and the deposit has been paid the purchaser can not pull out of the sale or they will loose their deposit!

Maybe not but they could certainly delay it!

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SusanC10

We did an inspection the morning of our closing to buy our home. 14 years ago now.

Also the previous owner left us a very detailed written explanation of everything plus all the manuals to appliances etc. Also place was spotless when we got the Keys.

surrender monkey

Toby Esterhase wrote: »

That's incorrect. If seller is in breach of contract the purchaser can definitely pull out without penalty.
There should be something in the contract about condition of property.
I'm not a lawyer but if that was the case, the seller could flood or burn the house down in the period between contracts signed and closing and still force the sale through. From my own experience that period can be 3+ months in some cases. Anything could happen during that time.

Obviously if the house is destroyed by fire or flood the contract can not be enforced. People are suggesting here that a purchaser can pull out of a sale on a whim, they can not. The vendor can enforce the contract and charge the purchaser interest if the refuse to complete. It's all dealt with in the general conditions of sale. Once the deposit is paid and contracts are exchanged both parties are bound.

Del2005

surrender monkey wrote: »

Obviously if the house is destroyed by fire or flood the contract can not be enforced. People are suggesting here that a purchaser can pull out of a sale on a whim, they can not. The vendor can enforce the contract and charge the purchaser interest if the refuse to complete. It's all dealt with in the general conditions of sale. Once the deposit is paid and contracts are exchanged both parties are bound.

What you can do in theory and what you do in real life are completely different. Taking a case to force someone to spend hundreds of thousands they don't want to is only going to make a few solicitors happy. All they have to do is drag it out 6 months and the mortgage is gone, how will they pay then? I doubt they'd even have to drag it out our judicial system will take ages.

October

Thanks for all the replies. I will agree to the walk through and let the estate agent handle it. Thanks again.

surrender monkey

I'm on my phone so I can't copy and paste. Here is a link to the general conditions of sale: http://gsba.ie/main/wp-content/uploads/2017/01/Conditions-of-Sale-2017.pdf

Inspections are dealt with in condition47 completion is 25a I think. I'm not a solicitor but I've been working in the area for the last decade and people suggesting a sale can be pulled out of for no real reason are incorrect.according to general condition47the vendor must accede to any requests for inspection of the property. Therefor op you are contractually bound to let them view the property.

kaymin

surrender monkey wrote: »

I'm on my phone so I can't copy and paste. Here is a link to the general conditions of sale: http://gsba.ie/main/wp-content/uploads/2017/01/Conditions-of-Sale-2017.pdf

Inspections are dealt with in condition47 completion is 25a I think. I'm not a solicitor but I've been working in the area for the last decade and people suggesting a sale can be pulled out of for no real reason are incorrect.according to general condition47the vendor must accede to any requests for inspection of the property. Therefor op you are contractually bound to let them view the property.

If it's the day before the purchase then presumably the contract has not been signed yet. Usually keys are handed over when contract is signed and the vendor no longer has access to the house thereafter - at least that's how I remember it.

surrender monkey

kaymin wrote: »

If it's the day before the purchase then presumably the contract has not been signed yet. Usually keys are handed over when contract is signed and the vendor no longer has access to the house thereafter - at least that's how I remember it.

No you sign the contract and pay the deposit weeks before completion. That's the purchase deed that you sign on the day of completion.

ted1

October wrote: »

Hi, just wondering if a buyer is entitled to a walk through the day before a purchase? Our buyer wants a walk through with us here to explain how things work - boiler, etc. They have been particularly awkward so far and I am not in the mood to oblige!!

Remember these is the biggest purchase they’ll ever make and will cost about 1/3 of their wages for the next 30 years. I think sometimes we should allow awakardness

the_syco

surrender monkey wrote: »

I'm on my phone so I can't copy and paste. Here is a link to the general conditions of sale: http://gsba.ie/main/wp-content/uploads/2017/01/Conditions-of-Sale-2017.pdf

Inspections are dealt with in condition47 completion is 25a I think.

– the Purchaser shall pay interest to the Vendor on the balance of the Purchase Price remaining unpaid at the Stipulated Interest Rate for the period between the Closing Date (or as the case may be such subsequent date as aforesaid) and the Completion Date. Such interest shall accrue from day to day and shall be payable before and after any judgment

Have seen a few threads about people not having any stipulated interest rate.

The Vendor shall accede to all such requests as may be made by the Purchaser for the inspection on a reasonable number of occasions and at reasonable times of the Subject Property (and the Purchased Chattels).

From the OP's OP;

October wrote: »

They have been particularly awkward so far and I am not in the mood to oblige!!

I'd wonder how far beyond the "reasonable number" of inspections the buyer has done?

Bass Reeves

the_syco wrote: »

Have seen a few threads about people not having any stipulated interest rate.


From the OP's OP;

I'd wonder how far beyond the "reasonable number" of inspections the buyer has done?

It is immaterial. Is it reasonable for a buyer to have a walk thought a property the day before final documents are signed. It would be unreasonable for him to bring an engineer and then bring up structural issues that should have arisen at an earlier inspection. But it would be reasonable for him to inspect that no fitting have been removed such as light switches or boilers.

Although if he was an awkard customer you would be tempted to have a few lads ready after he left to strip the place