So, as explained in the entry I wrote yesterday, at quarter past five on Monday 25th Sarah Jones at Crest Nicholson had sent me the ultimatum:

As discussed and corresponded, failure to exchange contracts today will result in a request to return papers thereby terminating this transaction.

I leave matters, therefore, in your hands.

So then what?

Well, as I’d also explained, as far as I was concerned the contracts at the solicitors weren’t valid — we’re exchanging “on dates”, and at this point time we don’t have an agreed completion date. The alternative is to complete “on notice”, where both parties agree to give a certain amount of notice period prior to completion.

Anyway, I replied to Sarah’s e-mail on Monday at 5.23:

To: Sarah Jones

The terms on which Crest is able to exchange contracts was discussed at this morning’s meeting ie the works will be carried out as agreed but Crest cannot supply a precise guaranteed date by which this will be done. As discussed, Crest cannot offer guarantees when there is total dependence on a third party.

Agreed. As discussed between Steven and myself, the intention was to determine whether or not the works would be realistically completed by the 29th (in which case a completion date of the 3rd would have been appropriate), or whether or not he felt it would be better to have a completion date of the 10th.

I have been appraised of the nature of the works outstanding and would confirm that none are of a nature to hold up your exchange. Crest has been most patient with this transaction, having been running since the 30th April. If you wish to proceed to purchase plot X Xxxxxxxxx Xxxxx, I would respectfully request exchange of contracts by return. As discussed and corresponded, failure to exchange contracts today will result in a request to return papers thereby terminating this transaction.

I didn’t receive your e-mail until 17.17 — I called Crest at 16.45 to reach you, and spoke with Jeanette, who could not tell me anything further.

It’s now 17.20, and my solicitors are unavailable. The earliest exchange can now take place is tomorrow morning. If you wish to continue, I shall instruct Pictons to exchange tomorrow (Tuesday) morning, with a completion date of 10th August.

Please confirm, either by e-mail, or by calling me on xxxxx xxx xxx.

I wasn’t completely surprised that this didn’t get a reply.

So, Tuesday dawns, and with it no reply. At this point, as Sarah said, this purchase has been dragging on for an excessive amount of time, so I’m pretty confident that Crest Nicholson aren’t going to pull out at this stage, and have to go through the hassle of selling the property again, but I don’t want to give them the opportunity of claiming that I was difficult to reach, so first thing that morning (about quarter to nine) I give them a call. Now rather than do this as a straight narrative it’s going to be easier (and probably more accurate) to quote from my notes during the day.

08:45 Called Sarah Jones. Spoke to Nikki, who told me that Sarah is off sick and definitely not in today. She is going to find someone who can deal with this and call me back.

09:05 No news from Nikki (granted, it’s only been 20 minutes, but I expect Crest to be on top of this). Called back to get in touch with Sarah’s boss (if in doubt escalate, that’s my motto). Spoke to Nikki, who told me he’s out, but that Jeanette’s trying to get hold of him to call me. so that’s promising.

09:50 Jeanette calls me back, and explains that she’s still trying to get hold of Russell (Russell Leg (or possibly Legg), Sarah’s boss). Sarah will definitely not be in today. I explain (at length) that the only thing I’m waiting for is a completion date (for the contract, not the work) and that I’ll be on this number all day. Also give Jeanette an alternate e-mail address to reach me on.

10:55 Called Jeanette, she’s on another line, left a message asking her to call me.

11:11 Jeanette calls me, she’s spoken to Russell, Sarah’s boss and Managing Director of Crest (Chiltern). He’s going to call me early in the afternoon, but Jeanette can’t be sure as to the time. I ask if there’s anyone there with the authority to say “Yes, we want to exchange with this completion date”. Jeanette confirms that there isn’t.

14:08 Not heard from Russell yet, so call Crest to try and reach him. His number’s on divert, and is forwarding to Sarah. There’s a surprise, I’ve been told in no uncertain terms that she’s not in today. Must confess to not being shocked that Crest have lied again.

Spoke to Sarah, re-iterate that a completion date is needed for the contracts. Sarah says it isn’t. I quote my solicitors advice to her, and the fact that Crest’s solicitors have already offered completion dates. Sarah to chase this with their solicitors, and I’ll chase Pictons.

14:39 Teresa at Pictons returns my calls, and confirms that she has aletter from Crest Nicholson’s solicitors, dated 14th July, that says “they can agree fixed completion dates of the 4th or 11th of August.” Teresa says “that means to say they will not exchange contracts with a notice, as the property is ready for occupation”.

Teresa went back to them on 25th August and said we were waiting to hear for a completion date. Once we knew what that was we’d exchange contracts. Their solicitors agreed to this yesterday, and did not say that a definite date was not required or that a 10 day notice was appropriate. It’s either “on notice” or “on dates”. Their offer of dates meant that this was “on dates”.

14:48 Spoke to Sarah. Explained above to her. She’s going to call GCL and confirm, then call me back.

15:14 Sarah calls back. We have a 15 minute discussion, during which she professes surprise that I’m still interested in the property. Apparently Crest Nicholson’s sales department has been under the impression that I’m not really interested. Given the number of calls, e-mails, visits to the house, and delays from Crest that I’ve put up with I’m a bit surprised by this, and say as much.

Sarah tells me that she’s already arranged for the property to be remarketed. I tell her that’s not really my problem, and that she should arrange for it to be un-remarketed.

Reiterated to Sarah that when I’d met Helen at the house the previous day, Helen had said not to exchange until we’d heard back from Crest Nicholson re: completion dates. Sarah says she doesn’t believe Helen would have said this, and is going to talk to Helen and call me back.

15:39 Sarah calls back. Tone has now changed from “We’re not going to sell you this house” to “We can still exchange today”. I assume that she spoke to Helen who verified what I said. We agree that the contract will change to “on notice”.

Ring off, send an e-mail to Teresa, copied to Sarah, telling her to liase the Crest Nicholson’s solicitors, get the contracts updated as necessary, and kick off the exchange.

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So, it’s twenty to four, exchange is agreed, and it should be time to open the bottle of champagne, right?

You’d think. You’re not counting on Crest Nicholson’s ability to try and throw a spanner in the works…

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16:52 Speak to Teresa, who says she’s spoken to Crest Nicholson’s solicitors, who say they’ll take Crest Nicholson’s instructions and get back to Pictons.

16:55 Teresa calls, Crest Nicholson’s solicitors are waiting to clarify one item.

17:17 Call Teresa, they’re asking for a deposit

This is something of a surprise. We’d negotiated several bits of this deal — 35,000 off the asking price, Crest Nicholson are paying the stamp duty, and no deposit. All of those had an expiry date (long since passed, since Crest have missed so many deadlines) but they were being renegotiated.

And now, at the last minute, Crest are refusing to renegotiate the deposit. Hmm.

Teresa’s going to confirm the deposit amount with them and get back to me.

17:31 Teresa calls back. They want a £9,000 deposit….