We sold our house last month. On completion day our solicitors had received the funds from our buyer, and were transmitting them to our seller. But after a stressful two hours we heard that the transaction could not be confirmed by the seller’s solicitor who was not answering the phone.
Our buyer had collected the keys and wanted to move in, so we had to stay in a hotel. The removal company then charged more than £900 for the delay and for storing our possessions overnight.
The next day the transaction was confirmed by the seller’s solicitors and we were given the keys, but we could not enter the property as the occupants were still moving out and did not let us offload.
That meant another £600 bill from the moving company for overtime.
Overall, we ended up paying more than £2,400 for a five-mile move. AK, London
This is a distressing tale of incompetence and breathtaking selfishness on the part of your seller, their solicitor and, to a degree, your own solicitor.
According to legal expert Halina Tomlinson, head of residential property at Trethowans LLP, your only hope is the small claims court and that, given the potential costs involved, is a forlorn one. “I would have expected your solicitors to have notified the vendor’s solicitors of your losses at the time and to request that the vendor cover the cost by agreement,” she says.
“Acting swiftly can normally help in these cases. The vendor’s solicitors should have advised their own client of the need to vacate in the run up to completion, so it should not have come as a surprise to them.”
Under the terms of the contract, the vendor should have been out by 2pm on completion day. They were still there over 28 hours later so you should be due compensation in accordance with interest set out in the contract – normally a lowly 4% above base rate.
This would not cover your losses so, unless the vendor agrees to settle out of court, which is unlikely, you face the expense of legal action. “Sadly,” says Tomlinson, “the costs associated with a small claim often far outweigh the sum in question and therefore many people decide not to pursue the matter even though it can feel completely unjust.”
If you need help email Anna Tims at your.problems@observer.co.uk or write to Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Include an address and phone number.
