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Avoiding getting sued?
NASA_2
Posts: 5,571 Forumite
Melodramatic title but just something that my solicitor said today.
He advised changing date of completion on the legal work to the end of September because if I put the date I should be ready to complete, and the funds dont arrive with me, I could be sued for breach of contract.
Fair enough.
If the money does come through when it should I take it I can still complete on the date when I get the funds? Everything else is pretty much out of the way. The vendor has even allowed me to keep the inflatable dingy and outboard motor which I am absolutely thrilled about given that I have no intentions of using it.
Its going to be a nervous wait while waiting for the money to come through.
He advised changing date of completion on the legal work to the end of September because if I put the date I should be ready to complete, and the funds dont arrive with me, I could be sued for breach of contract.
Fair enough.
If the money does come through when it should I take it I can still complete on the date when I get the funds? Everything else is pretty much out of the way. The vendor has even allowed me to keep the inflatable dingy and outboard motor which I am absolutely thrilled about given that I have no intentions of using it.
Its going to be a nervous wait while waiting for the money to come through.
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Comments
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Has your mortgage been agreed with the lender? What else does you solicitor say needs to be done on your side in order to be able to complete??"You were only supposed to blow the bl**dy doors off!!"0
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Mortgage is agreed with lender, offer came through on Friday although I have rung them to make a slight aleration today, they will forward updated offer in the next day or two.maninthestreet wrote: »Has your mortgage been agreed with the lender? What else does you solicitor say needs to be done on your side in order to be able to complete??
Speaking to him today there didnt appear to be anything else outstanding. He had everything to do with the house in his possession including stuff going back over 100 years which was weird. Fixture & Fittings were acceptable to me too.
All I am waiting for now is the deposit money coming through. I've tried to keep on top of everything - as a FTB its a totally new experience.0 -
Usually completion is a set date and wouldn't be allowed to be brought forward unless it was written into the contract and was ok with the Vendors too. If they have an ongoing chain they will not want the uncertainty over the date.
Speak to your solicitor about this since if you want a completion date of "before or at the latest on XXX" then it will have to be agreed in advance.0 -
The vendor, in my case, is already living somwhere else.Usually completion is a set date and wouldn't be allowed to be brought forward unless it was written into the contract and was ok with the Vendors too. If they have an ongoing chain they will not want the uncertainty over the date.
Speak to your solicitor about this since if you want a completion date of "before or at the latest on XXX" then it will have to be agreed in advance.
I'm in Northern Ireland and she is living in London. No chain involved.0 -
Further to last post, money arrived with me, wrote cheque last week for deposit and solicitors fees. As things stand the sale will be complete on Friday and I will have the keys.
Just a question on the legal side of things again. The date set at the exchange of contracts - is it still the official completion date? Meaning that, for example, if the cheque were to bounce I wouldnt be in breach of contract? I'd still have time to remedy the situation?0 -
Check this with your solicitor. Has he formally agreed a change in completion date with the vendors? If so, that's now the contractual date, and if you complete later than that you'll be in breach of contract.No reliance should be placed on the above! Absolutely none, do you hear?0
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He rang the vendors solicitor while I was in the room and did say that we 'are looking to complete this day next week' so I'm at a loss as to whether that would be a verbal contract or just an indication of the first possible date it could be completed.Check this with your solicitor. Has he formally agreed a change in completion date with the vendors? If so, that's now the contractual date, and if you complete later than that you'll be in breach of contract.0 -
Check with the solicitor. It doesn't sound binding. For a start, the vendors may not have agreed.No reliance should be placed on the above! Absolutely none, do you hear?0
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