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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10635
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I have exchanged contracts on a property and have a completion

Customer Question

Hi
I have exchanged contracts on a property and have a completion date set.
There are two pieces of UPVC double glazing in the side entrance walk way of the property. One piece is quite large so blocks the walk way.
The other problem is that the key to the main front door does not work and doesn't open the door.
Please can you let me know what I need to do. Completion is just over a week away. I will have the front door lock changed when we move in, so the rubbish in the walk way is especially concerning me.
Thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

As you are probably aware, you buy the property in the condition it is as at the date Contracts are exchanged. Therefore there is nothing you can do to force the Seller to change the front door lock, although it would be morally correct for the Seller to fix this for you, if you weren't aware of the problem.

However, as regards ***** ***** glazing, a Seller is under a duty to give "vacant possession" on completion- ie he is under a duty to empty the property and must only leave those items that he has ticked on the Fittings and Contents list. So, on the basis that his Solicitor did not put a clause in the Contract saying that the Sale is to include all items in the property (which would be most uncommon), he us under a duty to remove the glazing.

I would therefore suggest that you get your Solicitor to fax/email the Sellers Solicitor on Monday asking for confirmation that the glazing will be removed. Alternatively, you can speak to the Estate Agents and ask them to cotact the Seller.

Furthermore, if you don't get confirmation that the glazing has been removed, you can ask to inspect the property on the completion date to check the glazing has been removed, before you then instruct your Solicitor to send the Purchase monies to the Sellers Solicitor.

No doubt your Solicitor will be able to confirm all the above to you on Monday.

I hope this helps and sets out the legal position.

Kind Regards

Al

Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi

Yes, I did think that would be the case about the door and we will be changing the lock anyway, so it is not a huge issue but I will still ask.

The contract states vacant possession and exactly we have a fittings and fixtures form stating what will be left. I do not trust estate agents due to numerous issues I have had with them in the past. I would prefer to ask my solicitor and have it all in writing. However, I have had no issues with this estate agent, would it be simpler to ask the E agent to ask the seller?

Thanks

Expert:  Aston Lawyer replied 2 years ago.

Hi Samantha,

From what you say, I would make sure that your Solicitor gets in writing from the Sellers Solicitor that the glazing will be removed.

The Agents may be awkward, but they should also let you inspect first thing on completion day so you can check it has been removed.

I'm sure the Sellers Solicitor will advise their client to get it moved.

Good luck and enjoy your new home!

Kind regards

Al

Customer: replied 2 years ago.

Hi

Ok. Yes, I feel that is the best way to go. I will contact my solicitor next week.

Thank you!

Kind regards,

Sam

Customer: replied 2 years ago.

Hi

So, I haven't been able to get hold of my solicitor this week.

I'm now wondering if I contact my solicitor once we have the keys on the day of completion to let them know about these items blocking the side entrance, can they then raise this with the vendor and will the vendor be under contract to remove them, even though we are now the owners? I'm not too worried about it, it's just that we have followed everything as we are supposed to and have kept to our side of the contract..

Thanks

Expert:  Aston Lawyer replied 2 years ago.

Hi,

I would certainly get your Solicitor or the Agents involved BEFORE you get the keys, because at that point, your Solicitor will have sent the Purchase monies to the Sellers Solicitor and you would then have to sue the Seller for breaching the Contract, which isn't going to be worth your while.

So, make sure the items have been removed whichever way you can, before your Solicitor sends any monies.

If I were you, I would speak to the Agents and demand to inspect the property shortly before the completion date or first thing on completion day.

Good luck.

Kind Regards

Al

Customer: replied 2 years ago.

Ok. I will speak with them tomorrow.

Many thanks

Sam

Expert:  Aston Lawyer replied 2 years ago.
Good luck!