Moving in furniture before sale closes

Hi,
Just wondering does anyone know the legal status of moving in furniture, etc before the sale of a house has closed?

I am in the process of buying a house, but the seller is messing me about, which in this climate is crazy! Has let two closing dates pass without signing contracts and clearning out house. Have just been given new closing date for the end of the month, but after 2 extensions I have to be out of my rented accommodation by next weekend.

The estate agent suggested a "caretaker's agreement" whereby I move my furniture and stuff into the house, accept that they are not covered by insurance, and wait to move in myself after the closing date. My solicitor won't agree to this though. The seller hasn't been approached.

Does anyone know if this is possible and what it entails and if it really is risky? I have no problem finding somewhere for me to stay for a week, but I don't have any friends willing to take on a room full of boxes plus a bed!!!

As the vendor went by 2 closing dates without acting, can I request she pays for storage if my solicitor won't allow me to store stuff in the house?

Any other suggestions??

Thanks!

If they are messing you about I cant see how they would let you into the house to move your furniture in , also I think your solicitor is right and its not a good move. Is this person actually going to move out as you mention they havent signed contracts?

If there are no contracts exchanged then you haven't bought and they haven't sold the property to you. If this is the case I think you should ask for your deposit back and start looking for a different property.

Please post back if the situation is different.

Once you move your furniture it, you are essentially locked in and at the vendors mercy i.e. more difficult to threaten to pull out of the deal and buy elsewhere it he doesnt close the deal. If you've no space and no friends/relatives who'll let you store stuff in their garage, then rent a short term storage unit.

Threaten to pull out and see how fast he moves then, stupid man, messing you about like this in the current climate. I had a similar incident 5 years ago when i bought my home, they missed two deadlines saying that their new house wasn't ready, so i went to my solicitor and told him to contact theirs and the estate agent and call off the deal due to lack of co-operation they wern't long about moving then and in eight days i had moved in. It's a horrible thing to have to do, but the way i see it, if they mess you round then there is no harm in giving then some of their own medicine.

Wouldn't do anything until you have signed contracts.

They are obviously taking the mick if they haven't even signed contracts, a gentle push wouldn't do a bit of harm

I signed my contracts over two weeks ago, and just found out vendor has returned her contracts today, apparently citing "persoanl problems" for the delay. SHe moved out two years ago - it has taken her that long to sell the property (because she refused to drop the price, and is now ending up selling to me for 40% below the original asking price, so probably not best pleased!).

Am currently looking into storage options, think I may have a willing aunt! It willl be a pain moving stuff twice within 7 days, especially when it's all her (the vendor's) fault. I presume I can't spring her for the cost of moving or anything like that?

Threatened to pull out of the sale earlier in the week, so that's what got her to finally sign the contracts, but she is still not playing ball as much as I would like. And she is a solcitor herself which makes it even more frustrating!!!!

Well just make sure before you complete that the property and inside and out and any contents included in the transaction are in the same condition and working order before the completion is done. Bottom line --Inspect before the solicitor transfers the money.

Thanks! I was supposed to have the final inspection last Monday and when I went over, she hadn't a single thing moved out of the house from when I viewied it originally. There was mouldy food in the fridge, dirty dishes in the dishwasher, and the garden is completely overgrown!! So I will be definitely be doing a thorough inspection before money is transferred!!

And if there is anything left there on completion keep it yourself if you really want it. And if you do not then delay completion.

We had a kinda reverse problem years ago when we moved house. We signed closing contracts on our old house and new house same day. Seller signed same day too (the agreed moving day). Got the new key - all excited - and brought our stuff to our new house and seller hadn't moved anything out at all. All presses, cupboards, shelfs, wardrobes, bathroom cabinets etc full of stuff including clothes in their washer and dryer. We couldn't get our stuff in. We called our solicitor and he said there was nothing we could do but wait. That shocked me. I instructed him to tell their solicitor that if they didn't clear their stuff in 24 hours we'd put it in the garden. He just reiterated that we couldn't do that. We had to stay unexpectedly with my mother for 3 nights. This was Christmas week with 2 small kids. 3 days later they finally showed up to take their stuff. No apology. They left the place filthy too - cat faeces everywhere and litter all over. It was very upsetting. 6 months later they were still calling to collect make up and crap they'd left. I wanted them to pay for professional cleaning too but no it seemed we had no right to demand that either.

Time to be very assertive! Don't take any crap. Moving is stressful enough without this added drama.

Deb___ said:

solicitor and he said there was nothing we could do but wait.

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I do not understand this. It was your house and they were using it as a storage depot. Personally if the property was in that condition I would have dumped the lot. This is why I mentioned to inspect the property before money is exchanged.

Happened to us in London some time ago when the vendor left a full racing Go-Kart in the Garage. Didn't collect it for three months and when it wouldn't work and parts missing he tried to sue, (even though we never touched it). He issued proceedings and so did we for storage and the case was dropped.

She moved out 2 years ago and there's still mouldy food in the fridge and dirty dishes in the sink?! Sounds like these "personal problems" of hers include being a lazy dirtbag. Once contracts are signed and money exchanged, I think a firm of professional cleaners for a day would probably be less costly than storage for however long it would take her to eventually clear the house. If it was me, I'd clear the lot and tell her she can collect from the front garden by close of business that day or failing that the local dump.

loukkcat - when did you agree sale? Sounds like this house is filthy.. why did you purchase it? She sounds really lazy that she didnt even clean the house to try sell it, especially in current climate

There couldn't be mouldy food in the fridge after two years as it wouldn't exist any more?

If there is a cost to you then you should have factored that into your purchase price. It's exceedingly difficult to be able to move directly from one place to another there are too many things that can go wrong.

Vendor uses the house occasionally when she has work in Dublin, so I presume the food is only a few months old....didn't want to inspect it too closely!

Anyway, against my solicitor's advice, I asked EA could I store bed and garden furniture in garage of house for a week before I move in, and vendor agreed, so am moving it in tomorrow, and then storing all my valuables in a friend's house. Not ideal, but best scenario I could find!

Sale is now due to close next Thursday, and I am carrying out inspection Wednesday so hopefully all will be in order by then. To reduce bid would have taken more time and effort with banks and all of that, and she is being awkward enough as it is, so didn't want to lose property completely (house is alreay agreed for nearly 40% below original asking price, which is probably why she is not playing ball!).

Anyway, fingers crossed, it'll all be spic and span on Wednesday and I will be moving into a lovely shiny, clean house on Thursday....but we'll see!!!

Do you have anything in writing with her? What's to stop her taking your furniture with her when she moves?

Nothing, and that's the risk I'm taking!!! Scary I know! But didnt have any other opions, except to put in storage which for a week wouldn't have made sense! So, it's in there now and I'm at her mercy

When I purchased approx 9yrs back, I moved furniture into my own house before sale agreed... No damage done to it but the seller did leave his kids loose on the walls with crayons

At least she can hide some rubbish now... under your furniture...