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Seller has no where to stay......

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  • Seller has no where to stay......

    Hi,

    I am in a situation where the move in date is a matter of a couple weeks away, and the seller has been in touch to say they have no where to move to still, but 'its nothing to worry about'

    We have handed in our notice with regards to where we are staying at the moment, so cannot change the move in date, and mortgage and various other things are working to the move in date.

    It is making us slightly nervous, but this far down the line surely the seller cannot pull out with out serious financial penalties?

    Does anyone have experience with this sort of situation??

  • #2
    Re: Seller has no where to stay......

    We have handed in our notice with regards to where we are staying at the moment
    Why on earth did you do that when there was no legal commitment on the part of the seller? I assume that contracts have not yet been exchanged.

    I am in a situation where the move in date is a matter of a couple weeks away
    Where did you get that idea from? Did you just assume it would all happen by then?
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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    • #3
      Re: Seller has no where to stay......

      Wow wasnt the helpful reply I was hoping for

      The missives have been concluded, contracts signed by both parties, ie legally binding!!!

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      • #4
        Re: Seller has no where to stay......

        By saying that missives have been concluded I am presuming you are in Scotland. Once missives have concluded it does indeed become legally binding. If either of the parties do not proceed there are penalties. To be honest I have only come across this where the buyer does not complete and is very rare the other way. You would be entitled to compensation for actual losses incurred but this would be a legal process. Speak to your solicitor and tell them what was said and they could tell you likely outcomes.
        Did they contact you specifically with this information or did it just come out in conversation ? You could always just go back to them and try for more information even if on the pretext of asking them where you can collect the keys from on the day.
        As I say it is very rare and I have been in the business for 30 years. Try not to worry.
        BTW if you are not in Scotland just ignore all that !

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        • #5
          Re: Seller has no where to stay......

          Thanks for your lengthy response drhouse, appreciate it.

          Just sort of came out in conversation, fingers crossed though that it will all sort itself out.

          Thanks again

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          • #6
            Re: Seller has no where to stay......

            If the property was in England/Wales and the seller had legally committed himself then he would have to complete or suffer penalties.

            Although the Scots process is different the obvious point would be that the seller should not have authorised his solicitors to enter into he legal commitment if he had nowhere to go. Maybe they didn't explain things properly to him but that's between the seller and them and not something OP should be concerned about. If seller is legally committed he will have to move out.
            RICHARD WEBSTERwww.rwco.co.uk
            As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

            Comment

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