Exchange - can this be done by fax?

camper_1982

Our buyers solicitor says they 'posted' the documents to my solicitor, this was on tuesday, still not got them. Before i ring the estate agent/solicitor up i want to know if this can be done by fax. We are meant to be completing a week tomorrow yet our buyers solicitors are liars and corupt and tell you anything.

camper_1982

Anyone? yes or no. I presume yes?

princessamy86

I've got a feeling that the contracts have to be signed and witnessed (please check this out as I'm not sure). However there must be a way round it as we've dealt with vendors who live abroad, so I'm assuming it is possible to do via email/fax? Is there any chance you could go and pick the documents up from the buyers solicitor?

sharon1982

As far as I know, both parties sign their copy of the contract and return to their solicitor, and the exchange is done by telephone, with the docs sent soon after.

We are exchanging on Monday afternoon but our seller is not going to her solicitors to sign the docs until 3pm, so it will be tight but doable according to our solicitor.

SmlSave

As far as I know, both parties sign their copy of the contract and return to their solicitor, and the exchange is done by telephone, with the docs sent soon after.

I agree with this.

But it would be useful to know what documents you are talking about camper

LisaLou1982

The documents are the contracts themselves.
Exchange takes place over telephone

SmlSave

The documents are the contracts themselves

Are you buying with camper_1982 then LisaLou1982?

If it is the contract then I think the solicitors may take a view with faxed documents but it is up to them to agree to this. Also if its all the contract papers too then there may be additonal questions raised

GDB2222

You can sign a faxed copy of the contract, but your signature needs to be an original. In practice as others have said, you return your signed contract to your own solicitor and they exchange by telephone according to a Law Society protocol.

G_M

Our buyers solicitor says they 'posted' the documents to my solicitor,

What documents, Camper?

i want to know if this can be done by fax.

If by 'this' you mean Exchange, then this is done by telephone, on the understanding between the solicitors that they each have their client's signatures on the contracts.

our buyers solicitors are liars and corupt and tell you anything.

Hmm. A serious claim. If you are suggesting they Exchanged by phone and now are not forwarding the signed contract and are are lying about having done so, then the SLA would have something to say about this.

However: posted on Tuesday? Today is Thursday? That's not long. Suppose the solicitor put them in his out tray Tuesday, the secretary was tied up so they didn't get to the post till wednesday - perhaps afternoon, well, they could easily arrive tomorrow, or be in your solicitors internal mail already but not on his desk!

Seems a bit premature to be throwing around a serious accusation, albeit only on an amateur forum.

ps - just had a thought. are you acting for yourself? If so telephone exchange would not be acceptable. Nor would fax. But if you are acting for yourself you really ought to know all this!