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DartsnBooze
09 Nov 15 20:28
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Date Joined: 16 Oct 10
| Topic/replies: 15,894 | Blogger: DartsnBooze's blog
We are at the final stage of selling our mum's estate. However, in the 11th hour the buyer is being a pain in the @rse.

This is his latest trick (on top of others) via his solicitor as of last friday:

Our client would like to exchange contracts in the next two weeks but we will require 7-10 days between exchange and completion as he would like his decorator to have access to the property after exchange of contracts for general decoration purposes. Perhaps you could see if your client agrees to this principle.


We replied through our solicitor with a defining NO - He can decorate once he owns the property.

Seems he isn't taking no for an answer and has now been in touch with our estate agent to try get us change our mind.

Again we said no. We're in a strong position with no rush to sell, whereas he's tied up in a chain needing the move.

Furthermore, the estate agent is acting for both parties...ie. buyer and seller and wants his grubby hands on both pots of money.


To clarify:

The buyer wants to exchange contracts in the next two weeks but wants us to allow a decorator in for 7-10 days before completion.

We will not allow this to happen and if he pulls out so be it.

Chit Chatters, what would you do? All forthcoming contributions most welcome.

Thanks DnB (back to the darts)

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Replies: 60
By:
vodka and redbull
When: 09 Nov 15 20:43
tell him no problem,£1000 bond required,if he pulls out he loses his money.
By:
SlippyBlue
When: 09 Nov 15 20:56
In theory it's not really a major drama of a request if you have had a non refundable deposit but if I were you I'd say no. When they own the property they can do what they like of course but as it is still part of your Mum's estate I would not let them have access to do alterations personally. Let them wait until the property is sold would be my advice as if the sale fell through things would get unnecessarily very complicated in them amending what they have done. The bottom line is that you have absolutely nothing to gain by complying with the buyers wishes for access to the property. It's a resounding no from me.
By:
dunlaying
When: 09 Nov 15 21:07
Tell them no.
By:
Makybe_Diva
When: 09 Nov 15 21:20
It would be a no from me, too.
By:
hectoratoratora
When: 09 Nov 15 21:38
Definite no,dont entertain anything before completion.
By:
CLYDEBANK29
When: 09 Nov 15 21:44
I'd say yes as I did exactly what your buyer is doing and I don't see the problem.  Once he has exchanged a deposit has been paid which he will lose if he doesn't complete.  Mind you I wouldn't have pulled out if they said no.

Ask your solicitor if you are concerned.
By:
DartsnBooze
When: 09 Nov 15 23:15
Thank you for your input folks. Apologies for not checking back in between breaks in the the darts action.

An updated email from my solicitor for which I should have added to my original post...re: allowing a decorator access:

"It’s not really a legal issue so it is entirely up to you whether or not you choose to allow this. If you decide you are willing, I would get a key undertaking signed. The difficulty I suppose from your point of view is that if anything goes wrong and completion doesn’t take place for any reason, you will be left with whatever has been done."

I feel our solicitor has been rather slack with her undertakings and keeps dumping everything on us. She should be explaining what a key undertaking is and advising us. Anyway I looked it up and it's a form of deposit, though it doesn't say how much or what % we should seek up front in case anything goes wrong...ie, damage etc.

I'll post back once I get a reply from solicitor. As for the grubby estate agent - No comment!

Thanks again, DnB.
By:
charwell.
When: 09 Nov 15 23:49
Not a cat in hells chance should you agree. It's downright cheeky. He could then leave a half completed job and try to knock £10k off the offer knowing you will be in a pickle.

There is no reason why anybody should make this request.

I would respond by saying you don't agree and any further requests outside of a standard exchange will result in you pulling out and putting the property back on the market.
By:
learner
When: 10 Nov 15 01:39
take no risks ,you would be wise to refuse ,get him on the back foot.
By:
Aspro
When: 10 Nov 15 03:08
Once exchange has taken place the deal becomes legally binding so no real need for a deposit. That being said I'd still refuse entry until completion.
By:
DartsnBooze
When: 10 Nov 15 06:33
As Aspro said it becomes legally binding.

The property is just a shell with all furniture removed. Since my original posting this has been doing my nut all night. Having done a bit more online searching I have agreed in principle to the buyer's request providing he signs the key undertaking draft I have requested my solicitor to draw up.

I've had no such problems or issues like this in the past with buying or selling a property. Just want it done so we can move on.
By:
learner
When: 10 Nov 15 06:45
perhaps get another solicitors opinion
By:
bix
When: 10 Nov 15 09:15
Why are you having to ask this question on a betting forum?
As an ex estate agent I can tell you it's not that unusual a situation where a purchaser asks for access to a property after exchange. Your estate agent should have talked this through with you and explained the pros and cons. All agents should have a key undertaking document which he should have shown you and gone through with you. Your agent should also speak to your solicitor to let him know what is going on.
You are only going to let him in after exchange and when the sale has exchanged the buyer is legally liable to complete the purchase so what are you worried about?
By:
mememe
When: 10 Nov 15 09:35
I hate having agree with Bix, if he is a former estate agent (aka unqualified parasites) but he's right.
Once you have exchanged contracts, you should have a non refundable deposit, typically 10%.
The only risk therefter is that he causes loads of damage and doesn't complete... you can them sue him.
Your solicitor sounds like a complete numpty ... a lot are.

BTW I am applying for probate for my late mother in law's estate - wife is executor and a beneficiary. At initial meeting when we went for will etc, she assumed she would be doing all the administration and probate ... and blithely said that her charge rate was £175 per hour and she charged on a time basis.  I said thanks but thatI would do all the work as it's all pretty straightforward.
Cue lots of stuttering and red face. Laugh
By:
DartsnBooze
When: 10 Nov 15 10:15
Bix, it's a thinly veiled (isn't that the catchphrase on CC) i've got loads of money coming my way thread.

On a serious note, I was gauging some input and interaction with the clever folks on here.
And yes, by delving deeper I found the answer myself when the incompetent solicitor should have done her job and pointed it out.
At first I thought the buyer could still pull out after exchanging without losing any deposit. I now know this is not the case.

Many thanks for you post and making things a lot clearer. Much appreciated.

P.S. My estate agent has told me nowt since the price was agreed.
By:
DartsnBooze
When: 10 Nov 15 10:16
Memememe, I also did the probate on my own. Especially after the fee I was quoted was £1k!
Once you get the forms (a lot of pages) they're pretty straight forward as long as you have the required information to hand.

Good luck and thanks for your reply.
By:
TheBaron
When: 10 Nov 15 11:38
I would say no. It just adds an unnecessary complication. If they are serious buyers they will except this and want a quick completion.
By:
mememe
When: 10 Nov 15 12:17
Dartsn ... well everybody,

That form PA1 ... WTF ... question B5 - Grandparents who survived the deceased ... number under 18,  number over 18.

FFS somebody's made a will - they haveto be over 18 to make a will in the UK.  Ican't think of any circumstances where any of their grandparents would be under 18.
Isuppose their granny could have married a toyboy.
Same question asked about parents.

Now somebody has originally designed that form, it's been reviewed, it's been tested.

What has been going on inside their heads to think it's a sensible question to be asking?

Surviving parents and number of surviving grandparents I get .... but how many under 18
Sad
By:
bix
When: 10 Nov 15 13:46
mememe
I hate having agree with Bix, if he is a former estate agent (aka unqualified parasites) but he's right

For what it's worth mememe I was an Associate of the Royal Institution of Chartered Surveyors ( ARICS) when practising and selling houses was just a small part of the business.
By:
mememe
When: 10 Nov 15 15:39
bix,

I wouldn't go round saying you were an estate agent then.  Best to call yourself a former Chartered Surveyor - many of us have had unhappy experiences of Estate Agents, they have been known to tell lies.

But thanks for the update.HappyHappy
By:
Jack Hacksaw
When: 10 Nov 15 16:12
I think the point of it is that you can call yourself an Estate Agent without any qualifications.

Mind you, it looks like I could get an Associate membership of RICS if I worked in an estate agents for a year.
By:
mememe
When: 10 Nov 15 16:19
Jack, are you saying you can be ARICS without the exams?

I always thought that you had to pass the exams for that.

I thought that it was ARICS for an Associate Member

FRICS for more a experienced Fellow Member

and PRICS for estate agents ... maybe I'm wrong
By:
Jack Hacksaw
When: 10 Nov 15 17:25
Laugh

I might have exaggerated a bit there.
By:
Aspro
When: 10 Nov 15 17:47
"Why are you having to ask this question on a betting forum?"

I am a CeMap qualified mortgage adviser, having passed my exam in 2003 following my full Financial Planning Certificate (FPC 1,2 & 3) in the late 90's. I've been in the industry since 1985 (you didn't need qualifications back then) and I've arranged a few mortgages for forumites along the way.

I have to say that from reading this thread there are quite a few that know their stuff and I feel that the OP was right to ask the question on here, as there are a few of us that do know what we're talking about. Why it was questioned I'll never know.

Punters come from all walks of life and this forum, as I've witnessed many times in the past, is a mine of information for those areas that the rest of us (myself included) know nothing about. I know... I got my oven fixed for as cheap as chips after listening to advice on here.

We are a community; let's be proud of that and continue to ask the questions
By:
a bitofinterest
When: 10 Nov 15 17:53
HEAR HEAR
By:
brendanuk1
When: 10 Nov 15 18:29
group hug Confused
By:
Aspro
When: 10 Nov 15 18:30
Love
By:
SlippyBlue
When: 10 Nov 15 18:32
15 years I have been on here and between the lot of us we have been there and done that and help each other out when
By:
SlippyBlue
When: 10 Nov 15 18:34
..we can. By the way Aspro I have just sent you a p.m. as you maybe can advise me but I didn't want to put it on the forum.
By:
Aspro
When: 10 Nov 15 18:42
answered
By:
mememe
When: 10 Nov 15 18:49
Bix posed the question, but I think we've proved to him that, although we're on a Gambling Web-site, some on here know a lot.  Don't think that Betting = numpties.
He asked the question because his solicitor was useless ... so don't think solicitor = clever.

Anyway,I'm a qualified accountant, I'm painfully modest, good looking, successful, knowledgeable, passed lots of exams, clever, always encouraging my wife to realise how lucky she is to have me.
If I've got any weaknesses, it's that possibly, no ... come to think of it, gently discouraging women not to touch me is not a weakness, no matter how it disappoints them.  It shows great strength.

Well, must be off now to finish  my letter to Santa ...
By:
bix
When: 10 Nov 15 19:40
P.S. My estate agent has told me nowt since the price was agreed.

A decent estate agent speaks to his client at least once a week even if it's just to say that this week there is no news. It's the agent's job to look after his client until the sale has completed. Finding the buyer is the easy bit. In fact if the property is valued correctly and presented to the market properly it's probably true to say that the buyer finds the property and not the agent finds the buyer.
But once the sale has been agreed that's when the work really begins because the agent should be working to get the sale to completion.
The agent should be speaking to all the other people involved in the sale ie the other estate agents, solicitors, mortgage advisors, surveyors etc. to make sure that all is proceeding ok not just with your sale but with all the sales in the chain and if any problems crop up working with everyone to get things back on track.
This is known as chasing the chain and is done on a weekly basis and a weekly progress report is given to the client.
A good agent will probably be on first name terms with the other professionals in the area who are involved in the chain.
When exchange and completion are near his job is to arrange this with everyone else involved so the whole process moves on to everyone's satisfaction.
This is where the experience and expertise comes in and is the part of the job which the public do not appreciate, which they can't do themselves and is actually what they really pay the agent for.
Under the law of agency an agent has a legal obligation to pass on to his client everything he knows about the issue for which he is acting as agent unless his client has instructed him otherwise.
To have no contact after the sale has been agreed is disgraceful.
By:
SlippyBlue
When: 10 Nov 15 19:51
Many thanks Aspro for your help, very much appreciated.
By:
crags
When: 11 Nov 15 00:56
Anything to do with a 3 million quid mansion? Laugh
By:
Rob_The_Bantam
When: 11 Nov 15 01:30
LaughLaughLaugh

Aspro, I'm going to PM you too.  Feel free to ignore if you don't want to answer.  Cheers.
By:
Roger Rover
When: 11 Nov 15 02:29
Estate Agents are a disease on society. They are not needed - it is a job created to rid people of what is theirs.
By:
Aspro
When: 11 Nov 15 05:08
No problem Slippy; it's a pleasure to help if I can

Answered Rob...

I just read your 7.40pm post bix and I admire the way you work (or worked) in the industry but I must admit in all my years of arranging mortgages I seldom had contact with the estate agent even though it was an integral part of the CeMap exam. I wish there were more who done the job to your spec to help spread the load a little.
By:
larry grayson
When: 11 Nov 15 09:15
You don't have to use them Roger. You could do it yourself.
By:
Ozymandius
When: 11 Nov 15 12:43
Is Sir Slips worried about the new bird getting her hands on the mansion?
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