We have signed a contract of sale on a property subject to finance and building inspection. We have had finance conditionally approved(waiting bank valuation of the property), and a building inspection done.
The problem is that the vendor is being very difficult at this point even though she has signed and accepted the contract of sale. The building inspection had to be rescheduled due to the vendor (apparently) not being available on the date originally organised, she claimed she was not informed when the agent had organised it with her.
Now we have just had the bank valuer turn up on the arranged date to do the valuation and they could not do it because the vendor was not home. The bank is not very happy as the property is rural and out of town a little and we are risking losing the finance approval at this point if the vendor continues to stuff us around. We believe the vendor is selling reluctantly and is emotionally strained at the moment but we really don't want to lose this property which we have put so much work into so far to get to this point.
I am just wondering what our rights are us the purchaser if the vendor has signed the contract of sale but appears to be 'sabotaging' the sale or at the very least being reluctant to co-operate?
Id be talking to your solicitor engaged in the sale as they will have the most knowledge on this subject.
Given that your keen to buy the property your will need your solicitor to put pressure on the vendors solicitor to get all the inspections valuations sorted out or your solicitor may likely advise an extension extension of the settlement date to the Vendor/solicitor . Dont forget that you are still in negotiation until settlement so if there are issues with your inspections etc than you can still negotiate on the current sale price (i have done this just 30minutes before 5pm on settlement day, though i woudnt recommend it) which may motivate the vendor to get there shite together…. hope it works out.A similar situation occured with us. The delay in getting an inspection caused adelay in finance and whilst we requested the 2 week finance clause be extended to 4 (thus moving the settlement by 2 weeks also as it was originally stated as 4 weeks from finance approval), when it got to the original settlement date, which we were obviously not able to settle upon doe to the delay, the vendor (acting for himself) tore the contract up. I followed it up with my solicitor but the cost to enforce the original contract would have been high with no guarentees of it giong my way. So much for having a contract.!!!! It caused much grief for the solicitor as well as us, mostly as he was acting as his own agent and could never be found.
I wish you all the best, and my only recommendation is that you get acknowledgment of any requests in writting.
All the best
Mick
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