View Full Version : Moving home nightmare!
LucySiamese
29-08-2007, 11:31 AM
Well was supposed to have moved home yesterday after spending all weekend and bank holiday monday packing up our house and loading in a van, because yesterday the contracts were supposed to be exchanged and then complete the same day. Well yesterday morning (moving day) the estate agents ring and say the vendor has pulled out!!! :evil: apparently there was a redemption fee of £9000 to pay if he paid back his mortgage before 2 years and what he is getting for the house isnt enough to cover it, and he only got the statement through yesterday. But the estate agent told me they knew something last week, i was so annoyed because they could have warned us! and we would'nt have packed the house up!
So now we might have to come up with more money, the estate agents have offered to give up most of theire fees so we only need to find £6,750 :shock:
We have been renting here 4 years and our landlord has someone to move in here from saturday (so its all gone wrong)
Our landlord is coming round tonight to see if we are going to sign another tennacy so we are just waiting on the solicitors now :(
Lesley x
Oh gosh, I cannot believe this has happened :mad: I do hope you can manage to sort something out quickly, you must be feeling at your wits end at the minute :(
Good grief! what a situation to find yourself in! What on earth was your vendor up to? He must have known about the mortgage redemption clause from the beginning! Hope you can sort something out.
dinahsmum
29-08-2007, 11:50 AM
Whaaaaat?
So you were due to exchange and complete on the same day? And the vendor never exchanged? So you don't get to keep the deposit?
Sounds very off to me. Your solicitor shouldn't have let you get into a situation where you are facing a loss.
Where's Charlie? She's a conveyancer isn't she?
Kick up a fuss about this - I'm sure you shouldn't be facing a loss
LucySiamese
29-08-2007, 11:50 AM
Fran, we are totally gutted, we either lose £2000 which we have paid out already or put more money in so we still have the house. But its going to take time to sort out.
Our mortgage advisor said in the 35 years that he's done his job he has never known this happen on the last day!
Mys H, Yes our mortgage bloke said he would have known a couple of weeks ago :evil: and the estate agents said they did'nt want to say anything because they did'nt want to panic anyone! :twisted:
We have a matress in our living room at the moment, because we have a brand new super king size bed that my parents bought us that wont fit in the house we live in now. My head feels like its going to explode! im fuming!!
LucySiamese
29-08-2007, 11:53 AM
Whaaaaat?
So you were due to exchange and complete on the same day? And the vendor never exchanged? So you don't get to keep the deposit?
Sounds very off to me. Your solicitor shouldn't have let you get into a situation where you are facing a loss.
Where's Charlie? She's a conveyancer isn't she?
Kick up a fuss about this - I'm sure you shouldn't be facing a loss
Our solicitor didnt know there was a problem, the vendors solicitor was out the office last week which is'nt uncommon and they arranged to exchange tuesday morning, and our solicitor had the money in the bank ready! but the vendor instructed his solicitor not to complete.
dinahsmum
29-08-2007, 11:53 AM
Is this your scummy vendor trying to get more money out of you? Oh, poor me, I'm going to be £9k down.
There's something wrong here - stay strong and sort it out. Someone who was acting in your interests should have prevented this ever happening .... negligence somewhere, lack of duty of care etcl
This cannot be right surely to God. Someone is in the wrong here and its not you.
Karen
LucySiamese
29-08-2007, 11:56 AM
Is this your scummy vendor trying to get more money out of you? Oh, poor me, I'm going to be £9k down.
There's something wrong here - stay strong and sort it out. Someone who was acting in your interests should have prevented this ever happening .... negligence somewhere, lack of duty of care etcl
yes we thought that too! and the estate agent that showed us round the house is friends with the vendor and his family! which makes matters worse.
We had a barney in the shop of the estate agents yesterday but they insist no one is to blame, it happens and there is nothing we can do about it :cry:
But we have asked for proof that there is a £9000 redemption.
dinahsmum
29-08-2007, 11:58 AM
What does your solicitor say?
If your solicitor is unhelpful, would you think of going to another one for some better advice. The half-hour scheme isn't expensive but anyway it's worth paying to get proper advice.
The estate agent sounds dodgy. I thought they were meant to disclose if they were connected to a vendor?
LucySiamese
29-08-2007, 12:06 PM
What does your solicitor say?
If your solicitor is unhelpful, would you think of going to another one for some better advice. The half-hour scheme isn't expensive but anyway it's worth paying to get proper advice.
The estate agent sounds dodgy. I thought they were meant to disclose if they were connected to a vendor?
Our solicitor has been really quick, had no problems there at all and he is working with our mortgage bloke trying to get this sorted out, its just the vendors solicitor dragging theire heels.Apparently the vendor is just as gutted as they wanted it all to go through.
Im not happy with the estate agent my mum and dad came down there last night with us and my mum was fuming and said they are trying to get more money out of us and suggested something dodgey was going on... and the mate of the vendor has an attitude and he laughed!! my dad said do you find this funny? they are so ignorant!
dinahsmum
29-08-2007, 12:10 PM
Is the EA part of the EA Ombudsman organisation? Can't remember its name but I'll go off and see if I can find it.
I know I have read reports of EAs being prosecuted for dodgy practices?
Edit
There ya go
http://www.oea.co.uk/
Sue the pants off them!
Goodness Lesley, this must be your worst nightmare :mad: what on earth has been going on!:mad:
I hope something can be sorted out for you very soon.....:?
LucySiamese
29-08-2007, 01:35 PM
Thanks Mags, it is my worst nightmare!
Thanks for the link dinahsmum, i did phone them and they think its all ok and the seller can pull out without giving any reason at all, this wouldnt happen in scotland as the law is once the contracts are signed there is no going back.Its so unfair.
We might still be going through with the sale. The vendors solicitor is out at lunch, we have agreed to pay the money and they are apparently exchanging the contracts this afternoon! finger crossed!!
dinahsmum
29-08-2007, 02:04 PM
We might still be going through with the sale. The vendors solicitor is out at lunch, we have agreed to pay the money and they are apparently exchanging the contracts this afternoon! finger crossed!!
Think maybe that's what these *%£@<^$ were after all along! :?
Fingers crossed for you - hope it all works out.
and yes, in some ways the Scottish system is better (but in some it is worse ... like the silly sealed bid thing)
Donna
29-08-2007, 03:37 PM
Sorry to hear of all this Lesley. I know from working in estate agency for 9 years or so that sales can fall through at any time, right up to exchange and nothing can be done about it. Its bad for all involved.
For future advice for everyone.... dont agree to simultaneous exchange and completion!!!!! Its scary stuff and we try to avoid it at all times... for reasons just like this.
The estate agent, if they had been progressing the sale regularly and correctly, may have foreseen this problem, and it could of been dealt with much earlier in the sale before monies were spent.
Its good the agent has reduced his fees, as we are all in need of earning money - but he is helping the vendor in doing that. And if he is a friend? He should of disclosed this information at the offer stage. Section 21 of the Estate Agency Act.
I would suggest you complain to the Ombudsman (if the agent is part of this and he doesnt have to be) but I doubt they can do anything, as its hard to prove exactly when the sale fell apart due to finding out about the redemption. Did the vendor withhold the info, did he really not know, did the solicitor miss something in the figures, or what? Its hard to say who is to blame.
I do feel that once a sale is agreed and both sides solictiors are instructed it is then handed to them for getting the sale to exchange. Agents can help the sale, but cannot change anything along the way - it is all down to the solicitors and I feel that this is where the real blame should be directed at. They have a legal obligation to their client and your solicitor has failed you by not doing his job properly.
I hope it gets sorted quickly - but I would feel very upset at having to pay more money to be honest.
LucySiamese
29-08-2007, 09:44 PM
Sorry to hear of all this Lesley. I know from working in estate agency for 9 years or so that sales can fall through at any time, right up to exchange and nothing can be done about it. Its bad for all involved.
For future advice for everyone.... dont agree to simultaneous exchange and completion!!!!! Its scary stuff and we try to avoid it at all times... for reasons just like this.
The estate agent, if they had been progressing the sale regularly and correctly, may have foreseen this problem, and it could of been dealt with much earlier in the sale before monies were spent.
Its good the agent has reduced his fees, as we are all in need of earning money - but he is helping the vendor in doing that. And if he is a friend? He should of disclosed this information at the offer stage. Section 21 of the Estate Agency Act.
I would suggest you complain to the Ombudsman (if the agent is part of this and he doesnt have to be) but I doubt they can do anything, as its hard to prove exactly when the sale fell apart due to finding out about the redemption. Did the vendor withhold the info, did he really not know, did the solicitor miss something in the figures, or what? Its hard to say who is to blame.
I do feel that once a sale is agreed and both sides solictiors are instructed it is then handed to them for getting the sale to exchange. Agents can help the sale, but cannot change anything along the way - it is all down to the solicitors and I feel that this is where the real blame should be directed at. They have a legal obligation to their client and your solicitor has failed you by not doing his job properly.
I hope it gets sorted quickly - but I would feel very upset at having to pay more money to be honest.
Thanks for all the info Donna, we have agreed to pay the extra money and the estate agent phoned and so did our solicitor to say we need to have the bankers draft made out to the vendors solicitor because ours cannot deal with it without reviewing the mortgage offer.
We were going to the vendors solicitor with him so that the money would be payed off his mortgage at the time the contracts are exchanged and then completed.
But...
Later they phoned again and our solicitor was confused after a chat with the vendors solicitor because they have now said there is enough money to pay off his mortgage! He just wants more money because he thought he would have had more left as he didnt know about the redemption fee. So we now have to give the vendor the bankers draft either in front of a solicitor at the time the contracts exchange or in front of the estate agents (not sure how it will be done yet) but im not happy about it.
We have driven round to the house and they have left it in a mess, the front garden is full of rubbish!
If this sale does'nt go through we will lose the mortgage as they no longer do 95% mortgages but they will let this one go through, otherwise we will have to pay a 10% deposit the next time we find a house.
I really feel for you, I just hope the person you are buying from remember the old adage "What goes around comes around"
I wish you every happiness in your new home.
Karen
LucySiamese
29-08-2007, 10:06 PM
Thanks Karen, i really hope "what goes around comes around" because i would'nt dream of putting someone through this, its just nasty!
dandysmom
29-08-2007, 10:19 PM
I just caught up on this thread, Lesley, and I am simply appalled!! What a horrible situation to be in,,,I'm so sorry! (((hugs)))
Sweet
29-08-2007, 11:58 PM
I am trying to take this all in, but its not, I am getting the jist and I think its appaling, sending ((((((hugs)))))) and hope its sorted soon, I really feel for you x
LucySiamese
30-08-2007, 12:05 AM
Hi Sweet, im still trying to take it in myself, i cant believe this is happening to us, my house is all upside down,and im still awake with a pounding headache, i just wish i knew what is going to happen next.
I would'nt wish this on anyone :(
I hope that today, you manage to get all this mess sorted out one way or another Lesley. It must be awful living in limbo, not knowing what your future holds. Good luck
dinahsmum
30-08-2007, 08:14 AM
Hope today is a better day Lesley. It can't be worse than yesterday, can it?
One day (One day) you'll look back at this and be able to laugh. And be proud of yourselves for having survived it. And once you're safely in, you'll do what we all do, sit back in the chair and say 'never again!'
mable1718
30-08-2007, 08:50 AM
Oh gosh that is very bad I do hope it all works out for you
Donna
30-08-2007, 10:58 AM
If this sale does'nt go through we will lose the mortgage as they no longer do 95% mortgages but they will let this one go through, otherwise we will have to pay a 10% deposit the next time we find a house.
Our mortgage broker side of our estate agency do 100% mortgages so am postitive you could get a better deal....
Hope today is better for you.
Just a thought did the person you are buying from know/become made aware do you think of your mortgage situation? if so do you think they have taken advantage of this? I mean I think I would walk away, but they must think you have reason not too or are to comitted to walk away.
LucySiamese
30-08-2007, 11:38 AM
Hope today is better for you.
Just a thought did the person you are buying from know/become made aware do you think of your mortgage situation? if so do you think they have taken advantage of this? I mean I think I would walk away, but they must think you have reason not too or are to comitted to walk away.
I dont think they knew about the mortgage cos we only found out yesterday ourselves, our mortgage guy reckons he waited until the last day for maximum inpact to get more money out of us.
Donna
30-08-2007, 01:40 PM
It is a known practice for either the vendor or purchaser to change their sale price on the brink of exchange for most impact.
It mostly happens with purchasers re offering lower amounts and the vendor has to accept a lower price or lose his onward purchase.
There is nothing that anyone can do about this; other than make a decision one way or the other. Walk away or continue with the new price.
Either way the law is where it is failing. As until exchange, nothing is legally binding.
I would like to add it is not the estate agents fault if a vendor or purchaser tries this trick, but agree that the agent you are dealing with have not been very professional. And the fact they are friendly with the owner makes this whole thing stink.
It really angers me that estate agents all get tarred with the same brush.
I hope you are feeling a bit better today Lelsey...:?
When you have got those keys in your hand it will feel like a big cloud has lifted........... good luck!
LucySiamese
30-08-2007, 05:54 PM
Thanks everyone, we have an appointement wednesday at 11am to look at the house to make sure its not in a mess then we are meeting the vendor at the estate agents to give him the money after we have recieved the call from the solicitor to say its done and we will get the keys at the same time (hopefuly).:?
Fingers crossed that it all goes well for you from here Lesley
Fingers crossed it will all go through well without anymore hitches, Lesley! :D
dandysmom
30-08-2007, 09:58 PM
Fingers and paws crossed here also.....
Lots of luck on this Lesley . . . it sounds like you've been a bit stitched all round :( I was an ad recently from a local agent advertising a house and it clearly stated that the house was being sold on behalf of the partner of an agency employee . . . so as Donna says, they're not all bad by any means!
I hope all works out for you, I've so far been lucky (only really bought the one house coming out of renting 10 years ago); we wanted to buy and they desperately wanted to sell so it worked smoothly all round.
I'm hoping all goes well next week. Hugs.
LucySiamese
31-08-2007, 12:20 AM
Thanks everyone! I will let you all know what happens.
Yola, i though the vendor was desperate to sell too becaue 2 blokes bought it a year ago to do up and sell but one of them could'nt be bothered so they rented it for a year and decided to sell. The day it went on the market there were 3 offers! and they picked us cos we were in a good position being 1st time buyers and already had our mortgage agreed. I think they just knew were really wanted the house and are playing on that now!
chelsea
06-09-2007, 08:49 AM
I am Lesleys mum just to let you all know Lesley moved in yesterday everything turned out right in the end Lesley,s got to get her PC set up so she wont be around for a while but till shes got her PC back on im sure she will pop in to let you all know how shes getting on when she pops to my house.Mind i think i will be more at Lesleys house at the moment she will be waiting at the door for me with a paitbrush. LOL
Thanks for letting us know. Please pass on our congratulations for moving into her new home. Glad it worked out well in the end.
chelsea
06-09-2007, 08:58 AM
Thanks for letting us know. Please pass on our congratulations for moving into her new home. Glad it worked out well in the end.
I will do and thank you.
dinahsmum
06-09-2007, 09:09 AM
Pleased to hear this - I was wondering.
Thats good news . . . I so pleased everything has turned out well.
So pleased it all worked out well for Lesley in the end, after all the worry she has had... :D
chelsea
08-09-2007, 11:10 PM
Just an update on Lesley we have been over every day to help get a bit straight for them its getting there slow but sure.Lesley still has,nt got her PC on yet but she asked me to say thank you to you all.She will be back soon her Lucy is getting bigger bless her shes so lovely i can,t wait to see her kittens.
Just an update on Lesley we have been over every day to help get a bit straight for them its getting there slow but sure.Lesley still has,nt got her PC on yet but she asked me to say thank you to you all.She will be back soon her Lucy is getting bigger bless her shes so lovely i can,t wait to see her kittens.
Thanks for the update Chelsea, please tell Lesley we look forward to her getting back on here! :D
chelsea
09-09-2007, 11:30 AM
Thanks for the update Chelsea, please tell Lesley we look forward to her getting back on here! :D
Will do thanks again
LucySiamese
10-09-2007, 01:00 PM
Hi Everyone
Im back, just had time this morning to sort out my internet but only on dial up :? until my broadband is transfered, its sooo slow! :shock:
We have got quite a bit done since we moved in,sky came this morning to re install our boxes, bt have been a nightmare im still waiting for them to transfer my number! We have unpacked loads and just need to get some paint on the walls now, most are dark red! :?
The dogs love theire big garden and Lucy has got her own bedroom :D
Lesley x
dinahsmum
10-09-2007, 01:01 PM
Pleased to hear that you are getting back on track. Take it easy - it will all happen whether you stress or not.
And are you happy with the house after all the drama? Certainly hope so.
LucySiamese
10-09-2007, 01:04 PM
Pleased to hear that you are getting back on track. Take it easy - it will all happen whether you stress or not.
And are you happy with the house after all the drama? Certainly hope so.
Hi dm, yes very happy with the house! loads more space here...
its getting more tidy now so i can have a bit of a rest... We all need to catch up on sleep! :D
dinahsmum
10-09-2007, 01:06 PM
Hi dm, yes very happy with the house! loads more space here... ! :D
Good!
And have you said 'never again!' ?
LucySiamese
10-09-2007, 01:09 PM
Good!
And have you said 'never again!' ?
Not for a long long time! :lol: too much stress and hard work!
Glad things are falling into place. We moved in Feb and are still sorting out the place.
Mind you I like my house but I'm "looking". And I said never again:D
I hope your new home is happy for you.
LucySiamese
11-09-2007, 12:25 AM
Glad things are falling into place. We moved in Feb and are still sorting out the place.
Mind you I like my house but I'm "looking". And I said never again:D
I hope your new home is happy for you.
Thanks :D
Its certainly hard work isnt it :? And i cant find anything, which is frustrating, Tonight i was hunting high and low for my hairbrush! :lol:
I cant wait for it to feel like home and know where stuff is, and i dont think i would be to keen on moving again :lol:
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