Scotland - Date of Entry but Solicitor Doesn't Have Funds

cheap_charlie

Selling a house and the date of entry has passed - with missives having concluded.

Buyer's solicitor contacts seller's solicitor to say mortgage funds are in hand but the balance isn't in hand so sale cannot proceed.

Obviously the buyers are at fault here but am I right in thinking the solicitor is too for not ensuring the balance was in place before the date of entry?

rpc

What can the solicitor do? The funds only need be in place by date of entry, not conclusion of missives.

I expect the selling sol has been badgering their client but if the money doesn't appear then the money doesn't appear! They were probably hoping for an 11th hour CHAPS payment that didn't arrive.

cheap_charlie

When I bought my last home I am pretty sure my solicitor asked me to ensure funds were with him several days prior to the entry date.

Buzby

Perhaps this is exactly the situation the buyers are in - expected to have the funds in place but it went pear-shaped on the deposit.

There may be a minimal delay but your solicitor should be endeavouring to discover the revised timeframe, as if it is going to fall through, he needs to claim your/his costs for the abandonment of the purchase.