The nervous wait to exchange....

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Where do you stand legally if you agree somethings in the fixtures and fittings list, but you decide you want to keep it and will replace for similar or it breaks before you complete?

For instance, say you done the deal but then it takes 6 months to exchange and a further month to complete. You have a tv thats included, it breaks and you replace with another tv? its not the same tv, the replacement tv isnt brand new but its still a tv. Would you leave yourself open there?

I would contact the buyer and let them know.
 
Where do you stand legally if you agree somethings in the fixtures and fittings list, but you decide you want to keep it and will replace for similar or it breaks before you complete?

For instance, say you done the deal but then it takes 6 months to exchange and a further month to complete. You have a tv thats included, it breaks and you replace with another tv? its not the same tv, the replacement tv isnt brand new but its still a tv. Would you leave yourself open there?

Have contracts been exchanged? If not, you can do whatever you like regarding changing fixtures and fittings just call your solicitor and ask them to relay the changes to the buyers' solicitor. And even if you have exchanged I wouldn't say it's a big deal for something as minor as a TV, just explain the reasoning behind it and I'm sure 99% of people would be amicable. If you were changing an entire room of fitted furniture you might have more of an issue..

Don't go to buyer direct, that's just opening yourself up for potential hassle tbh.
 
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Just accepted an offer on our house (the 4th time) so hopefully this one will proceed to completion. There seem to be a lot of time wasters out there; the three previous potential buyers all turned out to not have the funds to complete the purchase; in two cases they were allegedly 100% cash buyers but hadn't factored in stamp duty and fees!

The new build we are buying is ready in 27-days; so going to be a push to complete in time. Although our new buyer is keen to move as has lost her last two properties at the 11th hour when the sellers have simply pulled out just prior to exchange.
 
Just had searches back in the last few days for a house we're buying... all clear except environmental.

Cue a few hours Googling only to find the house (and those around it) are all built on one of the biggest historical land fill sites in the north west. So that explains the odd vents all around the place that the seller "couldn't explain" (methane release). Not in itself a deal breaker though you'd think, except the house was built in 1998, whereas all of the others in the area were late 80s. I always thought this was odd, but have finally found the reason. The one we were going to buy, and 23 others around it, all had houses on their plots built in the late 80s, but due to huge problems with subsidence caused by land fill based movement and insufficient foundation piles, were all demolished by their original builder and rebuilt...

Of course the current ones have been up since 1998 now and there are no signs of problems, but there's just no way we could go ahead knowing all of that. If it's a problem for us, it'll be a problem for any future buyer too.

I really hate the process in England of buyer beware. Anywhere else this sort of search would have been carried out by the seller and presented to the buyer as a pack, we would have made an informed decision and not made an offer in the first place. As it happens our solicitor was very slow getting these back to us and so we have spent over a grand on the other searches/solicitors fees and a survey (which highlighted none of this even though it took me less than half an hour with Google and the phone to pick up recent problems with subsidence on the site) and wasted the best part of a month and a half.

Really not happy at all, loved the house...

Still, one to be aware of, try and get your "cheaper" searches done as early on as possible and delay the expensive stuff until you're sure (even if your mortgage provider pushes for a quick date like ours did).

Back to the drawing board...
 
I do find it daft that the buyer has to do the searches. I mean, what the hell is the point of person after person doing the same searches, getting the same results. Lining the pockets of the establishment is all I can think of. **** it.
 
The sellers of the house we are buying (first time so no chain our side) had an offer accepted on a place with no chain. Win we though. Move by Christmas.

Had a call this morning to say the sellers had pulled out of that purchase as there was no deeds :(. Looks like it will be longer now.
 
The sellers of the house we are buying (first time so no chain our side) had an offer accepted on a place with no chain. Win we though. Move by Christmas.

Had a call this morning to say the sellers had pulled out of that purchase as there was no deeds :(. Looks like it will be longer now.

Regardless of the set backs its always worth the wait once its over.
 
Just had searches back in the last few days for a house we're buying... all clear except environmental.

Cue a few hours Googling only to find the house (and those around it) are all built on one of the biggest historical land fill sites in the north west. So that explains the odd vents all around the place that the seller "couldn't explain" (methane release). Not in itself a deal breaker though you'd think, except the house was built in 1998, whereas all of the others in the area were late 80s. I always thought this was odd, but have finally found the reason. The one we were going to buy, and 23 others around it, all had houses on their plots built in the late 80s, but due to huge problems with subsidence caused by land fill based movement and insufficient foundation piles, were all demolished by their original builder and rebuilt...

Of course the current ones have been up since 1998 now and there are no signs of problems, but there's just no way we could go ahead knowing all of that. If it's a problem for us, it'll be a problem for any future buyer too.

I really hate the process in England of buyer beware. Anywhere else this sort of search would have been carried out by the seller and presented to the buyer as a pack, we would have made an informed decision and not made an offer in the first place. As it happens our solicitor was very slow getting these back to us and so we have spent over a grand on the other searches/solicitors fees and a survey (which highlighted none of this even though it took me less than half an hour with Google and the phone to pick up recent problems with subsidence on the site) and wasted the best part of a month and a half.

Really not happy at all, loved the house...

Still, one to be aware of, try and get your "cheaper" searches done as early on as possible and delay the expensive stuff until you're sure (even if your mortgage provider pushes for a quick date like ours did).

Back to the drawing board...

it sucks you're back to the drawing board again - but at least you found out before it was too late.
With the searches it may be worth asking your solicitor if the sellers want to pay you for the searches and have them released to them, that way they would be able to speed up any future buyers by giving them a pack of searches all done - and you'd get your money back.

Some people will do this, others wont but worth asking.
 
I do find it daft that the buyer has to do the searches. I mean, what the hell is the point of person after person doing the same searches, getting the same results. Lining the pockets of the establishment is all I can think of. **** it.

Thing is they were talking about changing this and making the seller responsible for a sellers pack containing all the relevant searches.

I know literally no one who would be willing to accept this.
I mean would you part with say £250k based on the fact someone had given you some bits of paper saying everything was ok?
Also I believe banks/building societies were saying would still require a lot of their own proof so it kind of defeated the point of having the new system
 
Our purchase seems to be running in glue right now.
Last few weeks we are stuck on the same few items, which seem to be going nowhere.

Started moving the money to the solicitor though as wont be available mid next week to send the money if the exchange happens

Such an up and down game this house lark. One week loads of progress, next two literally nothing seems to happen
 
Thing is they were talking about changing this and making the seller responsible for a sellers pack containing all the relevant searches.

I know literally no one who would be willing to accept this.
I mean would you part with say £250k based on the fact someone had given you some bits of paper saying everything was ok?
Also I believe banks/building societies were saying would still require a lot of their own proof so it kind of defeated the point of having the new system

If they were the same bits of paper that you get when you do your own searches then there'd be no difference to the current process. (Environmental report etc etc).
 
Thing is they were talking about changing this and making the seller responsible for a sellers pack containing all the relevant searches.

I know literally no one who would be willing to accept this.
I mean would you part with say £250k based on the fact someone had given you some bits of paper saying everything was ok?
Also I believe banks/building societies were saying would still require a lot of their own proof so it kind of defeated the point of having the new system

It's not like it would be torn off sheet from a notepad saying 'this property passed an Environmental Survey'. It would be the exact same search just provided by the seller.

I'm completely in favour of a system where sellers provide searches. They could be requested at the same time property information etc forms are sent to the seller and it would all be ready at the same time with the contract pack to go out to any prospective buyer.

It's how auction packs work so I don't see why it shouldn't work with traditional sales.


To well and truly strike the fear of god right into all you imminent buyers, had a chain of transactions all fail today because the idiots at the bottom of the chain didn't request their mortgage advance to arrive the day before completion. Instead the bank only sent the mortgage across late in the afternoon today by which point it was too late for the money to work its way up the chain. Cue 3-4 sets of people having all their stuff loaded up in removals only to be told we can't complete today, they all have to wait till tomorrow so have to sort something out accommodation/storage wise :o Not fun.
 
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I'd be in favour of a sellers pack.

To be honest, I'd personally have it done in the same way of the EPC register.
You can take a look online and find out all the information, less chance of it being forged as it's on a government website (and I assume done by qualified/certified people).

On a side note, still in the nervous wait to exchange. It seems to be moving along quite quickly, but I'm buying a repo so I could lose it to someone else at any moment before exchange :(
 
Off to see the solictor on Friday to sign for sale and purchase. Completion currently guesstimated first week of November.
 
Regardless of the set backs its always worth the wait once its over.

Mortgage applied for this afternoon and the initial cheque sent to the solicitors. Things are starting to cost now so fingers crossed all goes well.

What do I need in terms of insurances? The mortgage broker was saying "you'll need this, and this, and this, and that" and we left with a stack of quotes, a boggled head and thinking we would need to find another £300 a month!

From what I can tell we must have buildings insurance, and then its up to use to chose if we have contents insurance, damage insurance, life insurance, income assistance insurance and critical illness cover?
 
I'd be in favour of a sellers pack.

To be honest, I'd personally have it done in the same way of the EPC register.
You can take a look online and find out all the information, less chance of it being forged as it's on a government website (and I assume done by qualified/certified people).

My thought's the same. If I have nothing to worry about my property come sale time, I'd be happy giving the buyers all the info to speed up the process. Up to them if they wanted to do their own due diligence but if it saved 2-3 weeks selling to someone else willing to accept it, I would sell to latter.
 
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