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Estate Agents description and plan are found to be incorrect

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  • #16
    Hi BB41,

    Thanks for the update. It sounds like the buyers are really keen on your house and the likelihood of them actually finding somewhere else this side of Christmas is unlikely,
    I would think.
    They will no doubt fling more toys out of their prams before you're in a position to progress, but they have extended their rental already so must anticipate a bit of a wait until a definite date can be set down for exchange/completion. If they were that desperate they could easily have looked elsewhere and got the ball moving on another property.

    You can't force the issue as far as the property you wish to go into and I suspect you're not in a position to complete on your home with nowhere for you to go to. As far as their solicitor finishing next Wednesday, surely someone covers their work while they are off! This time of year is pretty busy for conveyancers with many people wanting to be in before Christmas so more fool them if they don't get cover, but I suspect they will!

    Have your purchasers indicated they will withdraw their offer if you keep your property on the market? If not what do you have to lose? Of course the conveyancers have done a certain amount of work already, so if another party came to the table, although much of the property information has been completed from your side and can be transposed for the new purchaser, any new purchaser would effectively be starting from scratch again which in turn delays your purchase further too.

    I suspect they are just beating breasts and once they were told you were remarketing worried you'd get a better offer and reject theirs, hence their sudden turn around. You may just have to let it all wash over you, easier said than done of course. They will no doubt keep the pressure up but as you say the process will take as long as it takes and can only proceed once the legals are sorted with your new property. They will never understand and will always think the delay is being 'created' somewhere in the process. I expect the estate agents are winding things up too. Try and be calm, you have kept them informed all along, you can't force the system to work any faster, although I would say keep the pressure on your lawyers to be chasing matters.

    Everyone want's to have this sorted on all sides, to enable you all to move on (forgive the sort of pun). Finding another property and getting the process underway at this time of year will be difficult for them. Gird your loins, ride the storm and hopefully you'll have some news on your property this side of Christmas, to know how things can proceed.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #17
      Thanks for that sensible (unlike me) response... My agent had a call this morning from the buyers and they apologised for causing chaos yesterday and would we please put the "under offer" back on the listing.

      We did have a couple of enquiries during the 12 hours of it being taken down which was encouraging as my house is quite big with 6 bedrooms (5 I never go in) and 3 acre paddock but the house is modern, most want period properties with acreage so thought we'd have a problem although I always have priced to sell so I know they couldn't get the size within the price range they wanted and I threw in the tractor mower .

      6.00 this morning updated my solicitor with all the flurries of emails that were received from them and asked to contact buyers solicitor and pile on the pressure their end. I know it won't make the process any quicker but will show them we won't be forgotten.

      So fingers crossed we are nearly at the end of the process it will take the necessary amount of time for everyone to do due diligence and we all have to try and relax instead of hopping up and down thinking it will speed things up a bit

      Update no doubt will come again soon... not sure what it will be though !!

      Comment


      • #18
        It definitely sounds like your buyers don't want to lose it and maybe take heart that you have had some interest in the short time you 're-marketed' so to speak, so even if they did pull out all is probably not lost.

        Maybe a confirmation to them that you will replace under offer but that you can't make the legal process with regard to your purchase go any faster. Let them know you are on it and keeping in regular contact with your lawyer to check things are progressing and will let them know as soon as you know anything. It is what it is and you are as desperate to get into your new place as they are. Threatening to pull out constantly won't make things move any faster and if they do this again then you will re-market? Maybe see how confident you feel about that last statement but an option?

        Always hard when we want something badly and whatever we do can't actually speed anything up as it's reliant on another party. Even if this sale falls through, have faith you may fine a new purchaser quite quickly bearing in mind the interest that was shown in such a short timeframe.

        P.S. I'd be exactly the same as you. Fine at being practical for everyone else, not so good when it comes to me particularly when I've set my heart on something
        Last edited by Peridot; 13th December 2018, 11:46:AM. Reason: Forgot a bit
        I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment


        • #19
          I think we are all pretty good at giving practical advice when not involved... just wish I could stay calm like my husband ..more practical and doesn't over think things like me

          Comment


          • #20
            Nature of us unfortunately. We have a tendency to think of every possible scenario and follow the story right through to its conclusion I suppose. There is probably a middle road, not quite so lackadaisical as my husband ,but maybe not trying to control every last thing to the 'enth degree too
            Mind you I'd hate to think I wasn't in control too, so I will most likely keep thinking of all the computations. We don't help ourselves do we!
            I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

            Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

            If in doubt you should always seek professional face to face legal advice.

            Comment


            • #21
              you sound like me.. every possible scenario is played out especially at night and it's always the worst .... My OH said he's glad he's not that intelligent if that's what it does... not sure if it's a compliment or criticism

              Comment


              • #22
                Hi,

                Cant add anything on the advers land side becuase i never had that during a sale iv been involved with, but eager buyers threastening to-pull, lol, you acted perfectly, they bluffed, you called. I haer this happening more oftern at the moment with people doing it to offer lower prices at the last moment.

                Silly really, the market seems to have stably picked up acroiss the board, anyhow, hope it all goes easyer from here
                crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                Comment


                • #23
                  Originally posted by Crazy council View Post
                  Hi,

                  Cant add anything on the advers land side becuase i never had that during a sale iv been involved with, but eager buyers threastening to-pull, lol, you acted perfectly, they bluffed, you called. I haer this happening more oftern at the moment with people doing it to offer lower prices at the last moment.

                  Silly really, the market seems to have stably picked up acroiss the board, anyhow, hope it all goes easyer from here

                  I fully expect at the end of this process , if indeed that happens ..the "because of costs incurred of X Y Z we are lowering our offer" conversation ..well guess what, that isn't happening either !! They got it at a good price which is probably why as soon as the "under offer" was taken off we had enquiries and this still is within 3 months in which we have registered the house, applied for adverse possession and nearly at the end and wasn't my fault they agreed an exchange and completion date on their sale well before we were near the end of my sale . If they won't accept this then their expenses will get a lot higher if they head off and try and find another property within their price range with all the amenities offered with this one.. Possible but they will have to go through the process again

                  It beggars belief that some people think that by stomping up and down it will make things go quicker... I am just as frustrated as they are . but that is the nature of some I suppose.

                  As regards to where we are now LR told me lastThursday that the site visit and report has been received and checked and the final stage is now in process which is notification to neighbour informing them they have 15 days to lodge an objection and provide exacting evidence for that objection so near the end now .

                  I am just checking in with my solicitor to make sure an indemnity policy will be ready as the land will have possessory title once registered .

                  Comment


                  • #24
                    Hi peeps so.....

                    Exchange happened Monday late afternoon.

                    I heard from LR the adverse possession went through on Xmas eve and only my solicitor was in in between xmas and New year so couldn't do anything until the 3rd

                    The PA's involved refused to deal with anything until Monday this week causing all sorts of hold ups.

                    Next week when back on the net I will give a detailed timeline of a complicated adverse possession which may guide someone else.

                    Thank you all for positive responses even though I have been stressed to the moon and back xx

                    Comment


                    • #25
                      That's great news BB41. Really happy it all worked out in the end and you stuck to your guns
                      It would be really helpful if you could post up the adverse possession process you've been through to provide some guidance for others. Really appreciate your offer.

                      Enjoy your new home and being closer to the family once you're settled in
                      I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

                      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                      If in doubt you should always seek professional face to face legal advice.

                      Comment


                      • #26
                        Yes of course I will , I couldn't find anything only procedure so will get something done before Monday... someone can move it to the appropriate spot.

                        Comment

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