The thread is called nervous wait to exchange... but on our sale we are now being made to wait to complete. We have another house under offer, but the transactions aren't linked, thankfully, we are staying in temporary accomm.
We exchanged contracts on 27th May with a completion date of 7th June. No issues at all really, until morning of the day of completion where I get an email from my solicitor, forwarding a message from the buyer (via her solcitor) where it turns out she's still not executed her insurance, and is struggling because the insurer has identified a historical flood event in 2013. And that because we maintained whenever asked that we weren't aware of any history of flooding and that we never had insurance denied due to flooding etc., that this is somehow my problem.
The interesting thing is, this triggered in my mind a memory that I actually ran into the same thing when I was taking out insurance when I bought it in 2017. My insurer said at point of executing the policy that they saw a historical claim (2013) that was categorised as flooding, and did I know about a flooding history. I checked all our info from seller and solicitors, which showed nothing, and reasserted that to insurers. Insurers then said that on further investigation, that claim was actually only a burst pipe (I think the neighbours), and should not be categorised as a flood, therefore zero issue and here's your insurance. From start to finish it was barely more than an hour to sort, so didn't stick in my mind even. I only found the details as I had an email chain in parallel with my solicitors where I was keeping them up to date.
Now, foolishly, trying to help, I forwarded this information to my solicitors and said please can you share this to show there is no actual flooding issue, it's just a mix up.
Next I know, buyer's solicitor is accusing me of willful misrepresentation, saying I had prior knowledge of a known issue regarding flooding which I either recklessly omitted or deliberately withheld. I think this is nonsense as the issue doesn't pertain to an actual flood event, and the fact that it was a 1-hour long misunderstanding 3 years ago, after which I never thought of it again, means that this allegation is spurious at best and actually malicious at worst.
My solicitor proceeds to give me zero help despite me asking, and despite calling the estate agents too to fight my corner to remonstrate and clear it up as a misunderstanding, 5pm rolls past and no money in the bank.
By Wednesday, I have them demanding I take 5k off the price due to 'increase insurance costs and effect on future value of the property'. I rejected this as neither I or my previous seller had any issues whatsoever given the same circumstances, and this should all have been covered by buyer's due diligence prior to exchange. And given I have never had any knowledge of a flood event, there is zero legal basis for this, and they must pay full price as legally bound to by the exchange of contracts.
On further discussion with my lawyers, it seems the only leverage we have is to 'serve notice' that they have missed completion, which gives them 10 days to complete or else we can walk away from the sale. I don't want to walk away from the sale, I want them to complete as they contractually committed to.
Sort of just having a rant, but if anyone has any ideas how to force or persuade the buyer to just complete, that would be great.
There's plenty more details which I've omitted for brevity (!), but I think this is a fair representation of things.