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29-04-2019, 13:06   #16
Plumbthedepths
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Originally Posted by C3PO
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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29-04-2019, 13:07   #17
C3PO
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Originally Posted by Cork_exile View Post
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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29-04-2019, 13:07   #18
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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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29-04-2019, 14:06   #19
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Originally Posted by BellaLugosi27
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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29-04-2019, 16:03   #20
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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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29-04-2019, 16:17   #21
Fol20
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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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29-04-2019, 17:33   #22
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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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29-04-2019, 18:06   #23
Fol20
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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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29-04-2019, 18:18   #24
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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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30-04-2019, 13:00   #25
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Originally Posted by Fol20 View Post
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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