28 Day Completion Notice

E

Erica83

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Just looking for some advise. My sale agreed on new property in March. Contracts have been signed on both sides (Vendors & mine) and returned. Vendor signed contracts with a date of 21st July. Vendor then decided the day before we were meant to close that she didn't feel like it. After a talk with my solicitor we sent her a notice to return with a defo closing date within 5 days, she didn't reply within the 5 days, so we have now issued her with a 28 completion notice. Can anyone tell me if there is anything more I can do or what will happen she this woman doesn't want to leave in the 28 days ? My solictor says I will have to take her to court and it might get expensive !!! My solictor also said that neither of us can pull out of the sale as both contracts have been signed and returned !!

It seems quite unfair that I have to wait another 28 days and then I might still have to bring her to court.
 
Erica, does the vendor want to pull out of the deal altogether or just wants to delay the closing date?

Serving a 28 day completion notice is the first step in enforcing a contract - if the vendor doesn't close within the 28 days then interest / penalties can be applied by you for late completion
 
My friend is in a similar situation except that they are now paying mortgage (current hse), bridging (new hse under construction) and rent. Their purchaser wanted to close in June and so they moved out and started renting. Contracts are signed by both parties but they have failed to pay any money aside from pathetic 3% deposit paid to EA! They have also served 28day notice but to get penalties/interest will have to take them to court because the deposit will not cover this. The EA has submitted their bill (which deposit *just about* covers) and are saying they have fulfilled their part of the contract ie found a buyer!

I really feel the conveyancing laws need to be reviewed - it seems ridiculous that this can happen. The delays are costing thousands and when they threatened to return the property to the market, the purchaser said "Fine!".
 
Thanks for the comments. No they don't want to pull out of the sale. They just want to delay the closing date. But we sale agreed in March and they have cancelled about 5 closing dates since then. I just want them out of the house : (
 
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