Breech of Contract

[smiley]

Hi all

Just borrowed a computer to jump on.

Can anyone just help. Maybe not personlally, but does anyone know a solicitor, or knowleg=dge themselves.

Getting our house was traumatic. The echange of contract happened the date set Monday 26th June vacant possession.

We get a call our monies received and the keys released its now our house!!!

Or is it?

The people hadn't done any packing, 4pm came and they were still there, not packed and at their end things had gone wrong.

Two days later they were still there packing to move.

My question I've been told by a solicitor, its was unfortunate.

there's nothing that can be done...

Was it my house or not? they had excepted the money and released keys.

How long were we supposed to wait to get in our house?????

I know I'm rambling, but I think we should be eligable for compensation 1. them in our house for two days. 2 the absolute emotional strain on us..

Hope someone reads this, I just want to know the right words to use when I try and fight my case.

Thanks guys for listening.

 

[smiley]

For got to add. They didn't leave a garage key had to chase for that. Wasn't worth the effort.

Garage door broken

Oven broken

only one key works front door

bask key opens the door from the inside but not the outside.

etc etc.

Sorry rambling again.

 

[PC_5119929]

Smiley I don't know if this helps.

We were in the position of having some of our belongings in the house until after 9pm at night when we should have been out at 12 mid day, the second removal lorry had broken down and I had to hire a small lorry to move the last of out belongings.

The previously nice purchaser turned aggressive allthough they were not moving in from his works accomodation until January and it was mid September.

He and his wife had no plans for the house before he moved in and in the end I told the chappie to *** off to the pub and leave us to struggle.

My parents moved 300 miles and with three cars and two removal lorries out side the property they were told that there was a boundary issue and they were to find somwhere to stay until it was sorted out.

As my mother had been seriously ill as her solicitor knew I told him to get his bleep bleelp bleep act together with the vendors solicitor and bleep bleep sort it out and they were moving in an hour later.

The sittuation is wrong for you and I know the stress it must have caused, but I suggest that sadly you put it down to experience. If thy could not get them out on a time I don't fancy your chances on compensation from the vendors! I guess you could try getting something from your solicitors or theres, but what will it cost you?

As annoying as it is and whatever the law says, I think you should enjoy your new home open the champers or whatever and drink to happy times in the new family pile and forget the wallies that were ther before.

Family friends had no help getting family house vacated by tenants that had not paid rent for 9 months and then squatted.

They got not one penny for damage caused to the property and furniture wrecked and police were not interested. They did though get a legal bill for nearly three thousand pound though and had there own rent bill on top!

 

[CliveV]

Smiley - From what I am told the other parties solicitor should have informed them that the day and time you pick up the keys you should be able to walk into your house. The Estate agents should have ensured both parties were aware as well.

If you could not then technically the exchange should not have taken place.

I suggest a trip to the CAB with detailed notes and see what they say. I would have thought you were due compensation as the terms of your contract was broken and you obviously incurred cost as well as distress.

Give it a go - in this litigious era we live in you might as well.

If you live in the South - near Southampton, Bournemouth or Salisbury email let me know and I will put you on to some knowledgeable guys who know far more than I do in this area.

We will have to do it via the Moddies but I am sure they will not mind.

We had a similar situation, many years ago when the guy rang the night before to say they should be out by Saturday - and it was Wednesday night he rang with us collecting the keys and moving in the next day Thursday.

I kept very quite about it with the removal men and we arrived to find him chatting with neighbour and a Transit van not even a quarter full and this was midday!

I told the three removal men there was a fiver each (it was 26 years ago!) in it for them if they got all his stuff out.

They did and he was still making trips in his van about midnight that night.

His excuse? - he was an ex army guy (nothing wrong at all in that I add) and moving out of army houses was always a leisurely affair apparently!

When I asked him "but didn't the estate agent and your solicitor tell you that you had to be out by midday today?"

He said "Yes but I did not believe them!"

No disrespect to any forces personnel but this guy was having a problem "taking orders" rather than giving them!

 

[sparkes]

Smiley

send them a bill for inconveinience and rent. State that the damage you found must have been done after you owned the house so send them a bill for that as well

Steve

 

[parker1158]

Hi Smiley

I dont know if i'm to late but saw my sister this weekend, she's a lawyer, and to cut a long story short she said her advice would be make sure everyone knows how disapointed you are and demand replies/reaction but save yourself the greif of litigation unless you are sure what you are letting yourself into.

Martyn

 

[its_a_twiglethotmail.com]

We had this trouble when moving in to a house. We were charged by the removal company for a nights storage when we moved in as they had to take one lorry away and come back next day as the chap moving out had all his stuff in the drive (and the garage was at the back of it).

We also had a bill when we moved out from the people that moved in for a skip! They claimed taht we had left rubbish there that we had to clear. It appears that they took the shed down, and there was stuff behind it which quite frankly must have been there when we moved in.

Sometimes a letter from your solicitor could be enough to get a rocket up them, and as someone says, it is your house, charge them rent!! (and also for the damage if it is in the house details that these things were there and not broken)

 

[Tina3]

Am I right in thinking there is also an insurance issue with this?? if they had burned the house down after exchange they would not be liable but smiley would as it is officially owned by her,

I would list an inventory of any ?? damage!!!

Tina x

 

[Steve L]

The house is yours at the exchange of keys and final signing, ie, at 12 Noon on moving day, unless arrangements have been made previously.

Often you may have an informal arrangement that the seller can use the garage as an over spill for a few hours should they of under estimated the task.

In my experience there is a few things you can do.

Bill the sellers for the "waiting time" charged by the removers.

Bill the sellers for additional storage costs.

Get your solicitor to get up off his ar** and earn his fee. I always insist my solicitor bill's me after the conveyance, then he can't duck out and still get paid!!

If they won't sign up to the paymant term find one who will, cos ifthey are worth their salt they won't mind waiting a week for their fee.

Finally in your case, I'd change the locks it sounds like there are still keys out and about. Usually by counting how many adults and kids over 12 you should get a rough number for house key sets.

House moves are rated at the second most traumatic event of our lives (the first being a death in the family), and having been through both I can whole heartedly agree.

I do hope your experience hasn't dull'd your enthusiasm and you'll enjoy your new house.

Good luck.

Steve.

 

[smiley]

Hi Everyone

Thanks for your replies. To me it should be simple, if you sign a contract you are legally bound.

It always works for companies and governments, can't understand why it doesn't work for us.

It's still ongoing at the moment, they still haven't yet even completed the contract, its now over a month. I can understand the solicitors not pushing now they have their fees.

If it ws us who had broken the contract I'm quite sure we would have been hammered into the ground by now.

Oh well, we will have to suffer a while longer.

 

[parker1158]

Hi Smiley

As I said above I have a sister who is a lawyer (matrimonial and family) and another sister who is a PA to a notable local litigation lawyer.

I know it's the norm for people to get excited when lawyers are mentioned and to some extent I can see why with their pricing practices but you will find, with a decent lawyer, that they will try to save you money by avoiding going down dead ends or getting involved in lengthy litigation cases. A decent lawyer should also advise if it is worth pursuing a case through small claims to further save you money. They are not all money grabbers and if one advises or suggests a problem is not worth pursuing then it probably isn't.

I have, in the past, been involved in legal cases ( I do some work for sister No 1 sometimes, sitting in on cases, taking notes etc etc) and I can tell you that law is a very complicated thing indeed. Sometimes what we perceive to be something very straightforward is far from it and don't forget there are always two sides to a story. I have sat in on cases where to all intents and purposes it would have appeared completely one sided only to see it gradually even out and be dropped. It's worth remembering that, for all their faults, lawyers are very clever people and can be manipulative.

Another piece of advice, if you end up setting two lawyers against each other because you feel one was not doing his or her job properly they will close ranks double quick.

As I say it is a minefield and if it cannot be sorted very easily and mutually then think very very carefully before you get involved. If you saw the paperwork involved in even the smallest small claims cases it would make you stop and take a deep breath.