Buying flat - after completion date, still not complete

G_M

readyto wrote: »

Yes I signed the contract to be sent to the seller around 1-2 weeks before the completion date I set with my own solicitor (the date I paid the bill).

Despite being asked several times you have not answered the question.

Have you Exchanged contracts?

You signing the contract is not the same as your solicitor Exchanging it with the seller.

And you cannot 'set' a Completion date. You can only propose one. It can be changed at any time up to Exchange, either by the seller, or, indeed, as seems the case here now, by you/your solicitor.

I suspect that your solicitor has postponed Exchange (and therefor also Completion) due to the problems with the lease.

But as you seem very unsure
a) of how property purchase works in general and
b) of what has happened in your own purchase

it is very hard to advise!

readyto_2

G_M wrote: »

Despite being asked several times you have not answered the question.

Have you Exchanged contracts?

You signing the contract is not the same as your solicitor Exchanging it with the seller.

And you cannot 'set' a Completion date. You can only propose one. It can be changed at any time up to Exchange, either by the seller, or, indeed, as seems the case here now, by you/your solicitor.

I suspect that your solicitor has postponed Exchange (and therefor also Completion) due to the problems with the lease.

But as you seem very unsure
a) of how property purchase works in general and
b) of what has happened in your own purchase

it is very hard to advise!

I told the solicitor I'd be able to complete on the 16th of November. I then got the paperwork through from the lender stating the mortgage would start on the 16th.

I went to the solicitor a week or two before this and signed half a contract (which the solicitor told me was the last piece of paperwork I would have to sign). It confirmed that the seller should leave the property completely empty for me to move into on the 16th.

I assumed that the solicitor would complete the exchange from then on. They have not informed at any point after this that they have or have not exchanged contracts. Though when I signed the contract they told me I was all set to move in on the 16th as long as I transferred the money.

I appreciate your advice G_M. Was I totally in the wrong to assume the solicitor would just take care of the exchange of contracts and contact me if there was a problem? From my own contact with them I believed that it was a case of me signing a few documents, paying them on time and they would take care of the rest. I didn't think I'd have to hassle them in order to either do their job properly or keep me up to date with any problems with the move.

isisini

It sounds like it is exchange which is being held up because of the leasehold issues, which is therefore delaying the completion date you were working towards. Bad communication on the part of your solicitor, but it seems unlikely that you'd exchange without a) your solicitor telling you at the moment of exchange and impressing on you that you are now exchanged and b) the lender confirming that they are happy with all your solicitors enquiries.

If there are problems with the lease and problems that your lender needs to have addressed, it's much, much better that this happens before exchange, than after you're contractually obliged to buy the place. Leasehold problems can take ages to sort out and you're in a better position if you can still walk away if necessary.

fellwalker09

Hi -it's certainly frustrating! I should know as am in a similar position. However, it sounds to me that exchange has NOT taken place. The reason being you were not informed, nor asked immediately before the point of exchange.

My husband & I went to our solicitors on the 12th November, to go through last bits of paperwork/queries etc. We then signed the contract. We spent the next 5 days transferring in our funds in total, including stamp duty & solicitors fee. We were working towards completion by the 27th Nov.

On Friday, 23rd, exchange still not happened. The reason -the other side are useless!! However, vendor still has her removals booked -they are going in tomorrow to pack her up, and move her out on 27th. Like it's going to happen.

So, unless your solicitor rang you up & said we are ready to exchange NOW, this day, is that ok, etc, then you can't have. I've never known this occur without your knowledge. Even if they can't get hold of you there should have been a message left at the very least. This is my 3rd house purchase.

The advice above is spot on -you want answers and you want them now. You can write a letter by all means but I'd hand deliver it on Monday morning, or get yourself there today & post it through their letterbox. I wouldn't wait around for post -it'll be Tuesday at the earliest. You should demand action Monday.

The solicitor should be bombarding the other side with e-mails tomorrow & find out what's going on. Hope you get some answers quick. Best of luck.

Cara79

I agree, it doesn't sound like you've exchanged as a) they would need your verbal consent at that point and b) you would need to know you've exchanged so you can put your buildings insurance in force as you would be legally liable for the property.