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Seller delayed close a week before close

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  • 29-04-2019 12:17pm
    #1
    BellaLugosi27
    Registered Users Posts: 3 ✭


    Hi,

    I am buying my first house. We were due to close next week but the seller has not started moving all his stuff. He said he was overwhelmed and not well. Despite it being sale agreed since January and on the market since last November.

    We have given notice to our landlord and they have someone moving in the following week, so we have to move and we have no where to go. Making us homeless.

    The seller claims he didn't know he had to move on closing. He won't hire a removal company and he doesn't drive and lives alone.

    I was wondering if anyone has any advice?


Comments

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    #2
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    The cynic in me says that it sounds like a delay tactic as the house he is buying/has bought isn't ready to be moved into yet.

    Did he tell you this directly, or via the solicitor. If the former, tell your solicitor.


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    #3
    BellaLugosi27
    Registered Users Posts: 3 ✭BellaLugosi27


    Forgot to mention he has no chain. He already has another house in the city for awhile.

    We were told via our solicitor from his solicitor.


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    #4
    Fol20
    Registered Users Posts: 3,623 ✭✭✭Fol20


    Your very lucky if you have no delays in buying a house. Personally i wouldnt have given notice until you have the keys. It doesnt matter what their excuses are, he has the power to delay the sale until he is ready or you ask your solicitor to out something in contract that forces the sale quicker.

    Can you move all your stuff in with a family or friend until it is closed?


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    #5
    cruizer101
    Registered Users Posts: 3,205 ✭✭✭cruizer101


    BellaLugosi27 wrote: »

    The seller claims he didn't know he had to move on closing. He won't hire a removal company and he doesn't drive and lives alone.

    Ignorance is no excuse, it should have been explained to him by his solicitor.
    You need to talk to you solicitor, if you don't get in I'd be looking for storage fees and hotel cover for the period you are not in and should be.


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    #6
    Plumbthedepths
    Closed Accounts Posts: 12,653 ✭✭✭✭Plumbthedepths


    BellaLugosi27 wrote:
    I was wondering if anyone has any advice?


    Have you contracts signed?


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    #7
    BellaLugosi27
    Registered Users Posts: 3 ✭BellaLugosi27


    Yes, contracts have been signed. And as for family not much family and both parents have no room.

    We considered hotels and storage. Upwards of a 1000 just for the weekend for both.

    I get he has the power to do it. And yes your right I should waited top give notice until keys are in hand. But if the reason is just getting rid of stuff there are removal companies. that can do this very quickly.


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    #8
    Fol20
    Registered Users Posts: 3,623 ✭✭✭Fol20


    cruizer101 wrote: »
    Ignorance is no excuse, it should have been explained to him by his solicitor.
    You need to talk to you solicitor, if you don't get in I'd be looking for storage fees and hotel cover for the period you are not in and should be.

    By default. There generally isnt a timeframe for a contract. You can ask for one to be put in but if its default. The seller will not be held liable


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    #9
    Plumbthedepths
    Closed Accounts Posts: 12,653 ✭✭✭✭Plumbthedepths


    BellaLugosi27 wrote:
    Yes, contracts have been signed. And as for family not much family and both parents have no room.


    You need to get your solicitor to enforce the closure date on the contract. It's a legal matter now and it's best to defer to your solicitor.


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    #10
    C3PO
    Registered Users Posts: 3,738 ✭✭✭C3PO


    Plumbthedepths wrote: »
    You need to get your solicitor to enforce the closure date on the contract. It's a legal matter now and it's best to defer to your solicitor.

    It's easy to say that but frankly not really practical! Exactly what is the solicitor going to do to "enforce" the closure date between now and next week? You could easily end up with the seller just being belligerent and not moving out for weeks!


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    #11
    Plumbthedepths
    Closed Accounts Posts: 12,653 ✭✭✭✭Plumbthedepths


    C3PO wrote:
    It's easy to say that but frankly not really practical! Exactly what is the solicitor going to do to "enforce" the closure date between now and next week? You could easily end up with the seller just being belligerent and not moving out for weeks!


    Getting the solicitor to act is my advice, what's yours?


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    #12
    Fol20
    Registered Users Posts: 3,623 ✭✭✭Fol20


    C3PO wrote: »
    It's easy to say that but frankly not really practical! Exactly what is the solicitor going to do to "enforce" the closure date between now and next week? You could easily end up with the seller just being belligerent and not moving out for weeks!

    Its all about the contract details. Depending on what you put on contract, there can also be penalties. I have only ever seen this on buyers side however its unlikely this was done here for a standard sale.


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    #13
    C3PO
    Registered Users Posts: 3,738 ✭✭✭C3PO


    Plumbthedepths wrote: »
    Getting the solicitor to act is my advice, what's yours?

    But "act" how? There is not a lot the solicitor can do other than issue threats or initiate a court case! Much better to try and keep things civil and work with the seller to persuade him to move as quickly as possible in my opinion!


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    #14
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    C3PO wrote: »
    It's easy to say that but frankly not really practical! Exactly what is the solicitor going to do to "enforce" the closure date between now and next week? You could easily end up with the seller just being belligerent and not moving out for weeks!

    They are in breech of contract, solicitor is the answer as the purchaser is incurring fees now and out of home.


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    #15
    Fol20
    Registered Users Posts: 3,623 ✭✭✭Fol20


    [Deleted User] wrote: »
    They are in breech of contract, solicitor is the answer as the purchaser is incurring fees now and out of home.

    You dont know if they are in breach of contract. Being due to close and actually closing with a specified date and penalties in contract are very different


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    #16
    Plumbthedepths
    Closed Accounts Posts: 12,653 ✭✭✭✭Plumbthedepths


    C3PO wrote:
    But "act" how? There is not a lot the solicitor can do other than issue threats or initiate a court case! Much better to try and keep things civil and work with the seller to persuade him to move as quickly as possible in my opinion!


    Since the buyer has only found out the delay through the two solicitors interacting it appears dealing directly with the seller is not an option. What's with these '!!!' ? Do you think they are necessary?


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    #17
    C3PO
    Registered Users Posts: 3,738 ✭✭✭C3PO


    Deleted User wrote: »
    They are in breech of contract, solicitor is the answer as the purchaser is incurring fees now and out of home.

    I understand that but in reality there is nothing that the solicitor can do other than threaten and initiate legal proceedings which would take years to get to court!
    This happens all the time and I have never seen it going to court and rarely seen the seller paying compensation - as I said before, far better to try and reach an amiable compromise!


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    #18
    Fol20
    Registered Users Posts: 3,623 ✭✭✭Fol20


    I had one sale fall through on me because i was one day over the contract date to close it. I was the buyer. There was no penalties however the contract we both signed expired so we were not tied to it and seller had cold feet.


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    #19
    Sleeper12
    Registered Users Posts: 16,875 ✭✭✭✭Sleeper12


    BellaLugosi27 wrote:
    I was wondering if anyone has any advice?


    Contact your solicitor. You are paying them for their knowledge and expertise. You should be able to give you better advice than most posters here.

    Congratulations on your new home. In years to come this will be nothing more than a funny story you tell at parties.


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    #20
    Claw Hammer
    Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    Fol20 wrote: »
    I had one sale fall through on me because i was one day over the contract date to close it. I was the buyer. There was no penalties however the contract we both signed expired so we were not tied to it and seller had cold feet.

    Unless time is of the essence in the contract (it hardly ever is) that kind of thing can't happen. You could have sued for specific performance. The o/p can have his solicitor serve a notice of completion but that will require a closing within 28 days. It the vendor is not going there is nothing the op can do to make him move within the next few weeks.. The o/p should just tel his landlord what happened and take it from there.


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    #21
    Fol20
    Registered Users Posts: 3,623 ✭✭✭Fol20


    Claw Hammer wrote: »
    Unless time is of the essence in the contract (it hardly ever is) that kind of thing can't happen. You could have sued for specific performance. The o/p can have his solicitor serve a notice of completion but that will require a closing within 28 days. It the vendor is not going there is nothing the op can do to make him move within the next few weeks.. The o/p should just tel his landlord what happened and take it from there.

    It did happen to me, closing date was set by seller. Closing day was a thursday and banks were taking too long to release funds. Funds arrived to my solicitor on friday. Seller decided not to proceed. Most sellers would be practical and sell it as it would take more time to re advertise but seller decided to withdraw from market completely.

    No point telling current ll. They wont care. They have new tenants moving in and only care about moving forward. You will just have to pay for storage even if it is 1k. Expensive lesson learned imo.


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    #22
    tscul32
    Registered Users Posts: 2,530 ✭✭✭tscul32


    We were told the day before that we couldn't move in next day, seller needed at least two more weeks. Solicitor said nothing to be done but my husband googled and found some precedent and solicitor used it to reduce to one week and €500 reduction in sale price. Seller's reason for the delay was that the floors weren't ready in her new apartment. We countered with 2 small kids, me 7 mths pregnant and all packed up in our short term rental (our own sale had gone through 5 weeks earlier) with notice given to leave the next day. Now we were in my sister in law's but noone knew that. Poor 5 year old announced that when he grew up he'd get a job where he could change the law so people couldn't do that to others.


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    #23
    Fol20
    Registered Users Posts: 3,623 ✭✭✭Fol20


    tscul32 wrote: »
    We were told the day before that we couldn't move in next day, seller needed at least two more weeks. Solicitor said nothing to be done but my husband googled and found some precedent and solicitor used it to reduce to one week and €500 reduction in sale price. Seller's reason for the delay was that the floors weren't ready in her new apartment. We countered with 2 small kids, me 7 mths pregnant and all packed up in our short term rental (our own sale had gone through 5 weeks earlier) with notice given to leave the next day. Now we were in my sister in law's but noone knew that. Poor 5 year old announced that when he grew up he'd get a job where he could change the law so people couldn't do that to others.

    Seller wasn't obliged to do this though. Depending on market, some might say no.


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    #24
    syndrome777
    Registered Users Posts: 223 ✭✭syndrome777


    BellaLugosi27 wrote: »
    Hi,

    I am buying my first house. We were due to close next week but the seller has not started moving all his stuff. He said he was overwhelmed and not well. Despite it being sale agreed since January and on the market since last November.

    We have given notice to our landlord and they have someone moving in the following week, so we have to move and we have no where to go. Making us homeless.

    The seller claims he didn't know he had to move on closing. He won't hire a removal company and he doesn't drive and lives alone.

    I was wondering if anyone has any advice?

    we had that exact thing happen.
    were sale agreed since, Jan. Said we don't want any of the furniture.

    Contracts exchanged, just before all the money was transferred and we were about to get the keys when found out on final inspection, that non of the stuff was removed. Seller was calming he could not do it due to personal circumstances.

    Was delayed for 3 weeks ( I think on purpose, because we didn't ant to buy hi old junk). We were lucky that our letting agency was understandable and allowed us to stay in our rented place until we got the keys.

    The whole process went so smooth and fast up until that pint....which made me so pissed.

    Got the keys 2 weeks ago.

    Nothing we could do to speed it up unfortunately.


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    #25
    Claw Hammer
    Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    Fol20 wrote: »
    It did happen to me, closing date was set by seller. Closing day was a thursday and banks were taking too long to release funds. Funds arrived to my solicitor on friday. Seller decided not to proceed. Most sellers would be practical and sell it as it would take more time to re advertise but seller decided to withdraw from market completely.

    No point telling current ll. They wont care. They have new tenants moving in and only care about moving forward. You will just have to pay for storage even if it is 1k. Expensive lesson learned imo.
    Unless the seller had made time of the essence in the contract, you could have sued for specific performance.


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    #26
    Steveire
    Registered Users Posts: 1,418 ✭✭✭Steveire


    Fol20 wrote: »
    It did happen to me, closing date was set by seller. Closing day was a thursday and banks were taking too long to release funds. Funds arrived to my solicitor on friday. Seller decided not to proceed. Most sellers would be practical and sell it as it would take more time to re advertise but seller decided to withdraw from market completely.

    I thought signed contracts are an irreversible obligation to sell? Is that not true?

    Maybe signed contracts are just an obligation to buy on the part of the buyer with the penalty of losing the deposit? Is there no penalty for the seller if they renege on a contract?


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    #27
    Fol20
    Registered Users Posts: 3,623 ✭✭✭Fol20


    Steveire wrote: »
    I thought signed contracts are an irreversible obligation to sell? Is that not true?

    Maybe signed contracts are just an obligation to buy on the part of the buyer with the penalty of losing the deposit? Is there no penalty for the seller if they renege on a contract?

    I don’t work in legal myself so don’t know the exact terms but the seller had a specific date in the contract that we need to close by. If we don’t hit that date, then he has the ability to back out of the deal.


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    #28
    Steveire
    Registered Users Posts: 1,418 ✭✭✭Steveire


    Fol20 wrote: »
    I don’t work in legal myself so don’t know the exact terms but the seller had a specific date in the contract that we need to close by. If we don’t hit that date, then he has the ability to back out of the deal.

    Did you get your deposit back?


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    #29
    Claw Hammer
    Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    Steveire wrote: »
    I thought signed contracts are an irreversible obligation to sell? Is that not true?

    Maybe signed contracts are just an obligation to buy on the part of the buyer with the penalty of losing the deposit? Is there no penalty for the seller if they renege on a contract?

    If time is of the essence in the contract( it hardly ever is) and one of the parties defaults the other can repudiate. Many solicitors acting on behalf of purchasers don't want to sue when the other side back out. Their client can't buy any other house while the case is on and there is no guarantee that their clients bank or any bank will still be willing to make the advance the funds when the case ends.


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    #30
    Fol20
    Registered Users Posts: 3,623 ✭✭✭Fol20


    Steveire wrote: »
    Did you get your deposit back?

    I did, however at that point, my solicitor had done all the leg work coupled with the banks solicitor. I had already paid the banks solicitor also so it took some leg work to get the refund for the banks solicitor.


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