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  • FIRST POST
    • mnatkunan
    • By mnatkunan 3rd Oct 17, 6:04 PM
    • 2Posts
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    mnatkunan
    Solicitor not informed me of change to Long Stop Date
    • #1
    • 3rd Oct 17, 6:04 PM
    Solicitor not informed me of change to Long Stop Date 3rd Oct 17 at 6:04 PM
    I put a reservation fee in Sep 2015 for an off-plan apartment purchase which was due to complete in Apr 2016. In Feb 2016, the 10% deposit was due and the final lease was signed with the long stop date due for 31 Jul 2017. Last Friday 29 Sep 2017, I was informed by my solicitor that the termination notice could be served as the Long Stop Date had been met. I asked the solicitor to provide me with a copy of the signed agreement, and I can see that the one I signed with the printed date of 31 July 2017, has been amended with a pencil marking on top of 29 Sep 2017. I have not been informed of this change in Long Stop Date.


    What are my rights? Can I terminate the contract effective immediately, given that I have not been told of the change and that the original agreed Long Stop Date is 31 Jul 2017? Am I entitled to compensation? Who is responsible for informing me/giving me compensation?
Page 1
    • HouseBuyer77
    • By HouseBuyer77 3rd Oct 17, 6:15 PM
    • 891 Posts
    • 852 Thanks
    HouseBuyer77
    • #2
    • 3rd Oct 17, 6:15 PM
    • #2
    • 3rd Oct 17, 6:15 PM
    In Feb 2016, the 10% deposit was due and the final lease was signed with the long stop date due for 31 Jul 2017.
    To clarify contracts were exchanged in Feb 2016?

    Last Friday 29 Sep 2017, I was informed by my solicitor that the termination notice could be served as the Long Stop Date had been met. I asked the solicitor to provide me with a copy of the signed agreement, and I can see that the one I signed with the printed date of 31 July 2017, has been amended with a pencil marking on top of 29 Sep 2017. I have not been informed of this change in Long Stop Date.
    Did you attempt to serve a termination notice before that was denied? I think the original date should stand as any alterations would have be initialed/signed by you to indicate your agreement (or there would have to be some other written confirmation from you that you accept the change). Without that the pencil marks are meaningless

    However that seems to be academic now as the new long stop date has also passed.

    What are my rights? Can I terminate the contract effective immediately, given that I have not been told of the change and that the original agreed Long Stop Date is 31 Jul 2017? Am I entitled to compensation? Who is responsible for informing me/giving me compensation?
    Well if they say the long stop date is 29th September 2017 then it seem you can terminate (as it's past the long stop date). As for compensation, compensation for what?
    • davidmcn
    • By davidmcn 3rd Oct 17, 6:47 PM
    • 5,929 Posts
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    davidmcn
    • #3
    • 3rd Oct 17, 6:47 PM
    • #3
    • 3rd Oct 17, 6:47 PM
    I'm also confused about what the question is - you can serve notice now. Yes, you ought to have been made aware of any change to the contract, but I can't see that you've suffered a loss.
    • steampowered
    • By steampowered 3rd Oct 17, 7:34 PM
    • 1,788 Posts
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    steampowered
    • #4
    • 3rd Oct 17, 7:34 PM
    • #4
    • 3rd Oct 17, 7:34 PM
    If you had to go to court, the judge would need to decide whether the parties had agreed to 31 July or 29 September.

    It is not immediately obvious based on your post what happened, or why the date was changed. Proving which date was agreed may require additional evidence (such as an email from the builder's solicitors consenting to the date being changed in manuscript).

    You should ask your solicitor about this if it makes a difference and you are unsure.
    • Thrugelmir
    • By Thrugelmir 3rd Oct 17, 7:37 PM
    • 55,520 Posts
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    Thrugelmir
    • #5
    • 3rd Oct 17, 7:37 PM
    • #5
    • 3rd Oct 17, 7:37 PM
    Are the pencil marks relevant? Is it not just the solicitor notating the date he wrote to you. Why didn't you take action early yourself. Not the solicitor's job to monitor the contract terms.
    “ “Bull markets are born on pessimism, grow on skepticism, mature on optimism, and die on euphoria. The time of maximum pessimism is the best time to buy, and the time of maximum optimism is the best time to sell.” Sir John Marks Templeton
    • ThePants999
    • By ThePants999 3rd Oct 17, 11:10 PM
    • 805 Posts
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    ThePants999
    • #6
    • 3rd Oct 17, 11:10 PM
    • #6
    • 3rd Oct 17, 11:10 PM
    Why does it matters whether it was July or September? They're both in the past...? Go ahead and terminate?
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