house move nightmare
Discussion
My house purchase was completed on friday. Vendor has confirmed that my money is in their solicitors account, but their solicitor has failed to pass on funds for the house that they are buying.
They are now refusing to move out of the house until this happens.
As you can imagine, this has caused a f
king nightmare for us. The only time we can now move is in 1 months time due to holidays, work and other unchangeable commitments.
They are obviously in breach of contract and although I am loathe to do it, I am going to want compensating for this mess.
I may have been a little more understanding if the whole procedure hadn't taken 6 months, due to constant fk ups by their solicitor.
So what do you think I should claim for?
They are now refusing to move out of the house until this happens.
As you can imagine, this has caused a f
king nightmare for us. The only time we can now move is in 1 months time due to holidays, work and other unchangeable commitments.They are obviously in breach of contract and although I am loathe to do it, I am going to want compensating for this mess.
I may have been a little more understanding if the whole procedure hadn't taken 6 months, due to constant f
k ups by their solicitor.So what do you think I should claim for?
Edited by Rollin on Saturday 4th July 12:46
If I can just be the voice of reason for a few minutes, there may be more to this than meets the eye, so I'd be wary of what you say to the seller until you have all the facts.
It's possible that the funds from your solicitors didn't reach the sellers solicitors until after the deadline for completion (which is set out in the contract and can be anytime between 12 noon and 2pm); and too late for the seller's solicitors to forward the funds to the their client's lender/the next link up the chain, in which case you might be in breach of contract.
If the seller is in breach then you can claim all your losses and additional expenses from them including things like additional mortgage interest/rent on your existing house, additional removal and storage costs, and hotel accomodation over the weekend, however you have to be able to prove you've incurred these costs, and it's not a licence to print money.
Don't do anything until you've spoken to your solicitor on Monday morning, and leave it to them to sort it out. I would view resolving this as part of the service, and I wouldn't charge you for it unless it became protracted and involved spending a lot of additional time, by which I mean days/weeks instead of a few hours.
It's been about a year since I did any conveyancing, but if you want an impartial view on what your solicitor is telling you, feel free to send me a message.
It's possible that the funds from your solicitors didn't reach the sellers solicitors until after the deadline for completion (which is set out in the contract and can be anytime between 12 noon and 2pm); and too late for the seller's solicitors to forward the funds to the their client's lender/the next link up the chain, in which case you might be in breach of contract.
If the seller is in breach then you can claim all your losses and additional expenses from them including things like additional mortgage interest/rent on your existing house, additional removal and storage costs, and hotel accomodation over the weekend, however you have to be able to prove you've incurred these costs, and it's not a licence to print money.
Don't do anything until you've spoken to your solicitor on Monday morning, and leave it to them to sort it out. I would view resolving this as part of the service, and I wouldn't charge you for it unless it became protracted and involved spending a lot of additional time, by which I mean days/weeks instead of a few hours.
It's been about a year since I did any conveyancing, but if you want an impartial view on what your solicitor is telling you, feel free to send me a message.
Grumpy old git said:
If I can just be the voice of reason for a few minutes, there may be more to this than meets the eye, so I'd be wary of what you say to the seller until you have all the facts.
It's possible that the funds from your solicitors didn't reach the sellers solicitors until after the deadline for completion (which is set out in the contract and can be anytime between 12 noon and 2pm); and too late for the seller's solicitors to forward the funds to the their client's lender/the next link up the chain, in which case you might be in breach of contract.
If the seller is in breach then you can claim all your losses and additional expenses from them including things like additional mortgage interest/rent on your existing house, additional removal and storage costs, and hotel accomodation over the weekend, however you have to be able to prove you've incurred these costs, and it's not a licence to print money.
Don't do anything until you've spoken to your solicitor on Monday morning, and leave it to them to sort it out. I would view resolving this as part of the service, and I wouldn't charge you for it unless it became protracted and involved spending a lot of additional time, by which I mean days/weeks instead of a few hours.
It's been about a year since I did any conveyancing, but if you want an impartial view on what your solicitor is telling you, feel free to send me a message.
^^^ Wise words. Get the little duckies lined up on your side first - you'll have a much stronger statement to make then if you can categorically prove you upheld your end of this.It's possible that the funds from your solicitors didn't reach the sellers solicitors until after the deadline for completion (which is set out in the contract and can be anytime between 12 noon and 2pm); and too late for the seller's solicitors to forward the funds to the their client's lender/the next link up the chain, in which case you might be in breach of contract.
If the seller is in breach then you can claim all your losses and additional expenses from them including things like additional mortgage interest/rent on your existing house, additional removal and storage costs, and hotel accomodation over the weekend, however you have to be able to prove you've incurred these costs, and it's not a licence to print money.
Don't do anything until you've spoken to your solicitor on Monday morning, and leave it to them to sort it out. I would view resolving this as part of the service, and I wouldn't charge you for it unless it became protracted and involved spending a lot of additional time, by which I mean days/weeks instead of a few hours.
It's been about a year since I did any conveyancing, but if you want an impartial view on what your solicitor is telling you, feel free to send me a message.
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