Getting frustrated with house selling and buying.....

[ICEQUEEN20]

We are in the process of buying a house and selling ours. In May we had an offer accepted on the house of our dreams, and in June we accepted an offer on our house from first time buyers. The house we are buying originally had "no onward chain" as an elderly man was moving in with his son out of the area as he has onset of dementia. Our buyers are keen to move as fast as possible as they are in rented accommodation. We are into about 7 weeks of conveyancing surveys done, but now the old man wants to buy a bungalow, but the people he is buying a bungalow from have found nowhere to live yet... hence completely delaying our purchase/sale. Our buyers are on the verge of looking for somewhere else now and my solicitor says there is nothing she can do even though we bought on the proviso of "no onward chain". The old man is refusing to move into rented accommodation or with his son in the meantime. What else can we do, this is the only house we want or we will not move???

[mark01]

Difficult situation and I guess most of us been here before. Its a most stressful and emotional time as well and youve never really moved until youve got the new house keys in your hands.

You could always give the seller a deadline to complete although I admit this could be counter productive.

Best of luck.

[sara3]

can you get a message to the old man's son?

[ICEQUEEN20]

The son is doing most of the liaising anyway with the solicitors/estate agents, they are quite a "difficult" family shall we say. Took ages to get their forms in to the solicitors, made it difficult for us to have a second viewing etc...

[sara3]

then you're in for a bumpy ride.. whether you stick with it is your decision, but your potential buyers may not wait.

[buildersmate]

Its a bit of a long-shot, but conveyancers sometimes use 'longstop dates'. A longstop date is the latest date for completion on the purchase / sale of a property and it is agreed at contract exchange. If the old man can be persuaded to accept a longstop date, then at least you should be able to exchange on both your purchase and your sale - effectively confirming the deal will go ahead but to a completion date that is not determined (well the latest date it can ever be is determined). With that level of certainty, you could perhaps then consider moving into rented accommodation.
I'm surprise your conveyancer hasn't mentioned it - ask him/her about it.

[AlBags]

NOTHING is sure until you get the keys in your hand and they have accepted the money.
I once bought an old victorian cottage to do up, and went past exchange, etc.
They would not move out in the end. I was screwed .. could not even get any money out of them in compensation for solicitor costs.
I found another cottage in the end. Cash buy .. no costs much to speak of .. No problem there.

[Jemisa]

I think you've gone as far as you can go now.
You say " this is the house we want or we will not move"
There, - you've solved your own problem, by cutting off your nose to spite your face.
Don't be silly there's plenty more houses out there, put all that down to experience and Start Again. - Good Luck.

jem

[buildersmate]

Then you were badly let down by your solicitor, Albags. Once exchange of contracts is effected (in England &Wales) both sides are contractually committed and the standard way of doing this is to make the contract binding by including a clause that forces the defaulting party to pay all wasted costs in the event of a withdrawal. To make general advice and recommendations to someone based on your own unfortunate experiences doesn't help them.

[ICEQUEEN20]

Thanks for all your advice. Buildersmate the "longstop" idea sounds good. Jemisa the reason we want this house is the location and perfect vicinity for my 2 childrens school, houses only come up for sale in this road about once every 3 years, so honestly there are no other houses we want at present so we will not move if this house falls through, hence the fact why we wont go into rented accommodation as we will then end up with no home either !

[AlBags]

Buildersmate ..
So you really think everyone sticks to contracts? Eh?
If a seller will not move in the end, you can sue them. This cannot be completed/is not advisable if they have no money.
It will just cost you more.
Giving up is the cheapest way.

My solicitor is a family friend .. and a good one. Sometimes they can do nothing.