Solicitor exchanged contracts without giving me an exchange date!

JohnDoe1

Hi All,

Just wanted to know your views on this.

I am selling a property and we decided on a completion date a few days ago with the solicitor and the buyer.

I called them today to change the completion date to a week later than originally planned but found out they had exchanged contracts this morning without my knowledge!

Is this legal and binding?

Cheers

pinkteapot

Unfortunately, yes.

When you agreed the completion date, did the solicitor ask if you were happy for them to exchange on your behalf? I'd have expected them to make explicit the fact that they would proceed to exchange, and check you're happy to do so...

JohnDoe1

No, all I got was an email saying

"The buyers solicitors have suggested a date of xx April for completion, would this be convenient to you?"

I said yes and that was the last i heard!

zzzLazyDaisy

JohnDoe1 wrote: »

Is this legal and binding?

Cheers

If you are saying that you did not give consent for exchange of contracts to take place, that is a matter for you to sort out with your solicitor, by going down the internal complaints route and then involving the SRA if necessary.

Whatever the outcome on that dispute (if there is one) the exchange of contracts remains legal and binding between you and your buyer.

DRP

JohnDoe1 wrote: »

No, all I got was an email saying

"The buyers solicitors have suggested a date of xx April for completion, would this be convenient to you?"

I said yes and that was the last i heard!

err... :are you sure there wasn't an exchange date in the email?

Does it actually make any difference when you exchange?

Vectis

Of course it's legally binding. That's the date you agreed. Good luck with the move.

JohnDoe1

DRP wrote: »

err... :are you sure there wasn't an exchange date in the email?

Does it actually make any difference when you exchange?

Yes, I'm sure. It was a one line email which I copied and pasted the whole lot!

Yes it does make a difference, like now for instance. If something changes from the time you agreed a date to exchange date, you have time to change the completion date.

Jenniefour

JohnDoe1 wrote: »

No, all I got was an email saying

"The buyers solicitors have suggested a date of xx April for completion, would this be convenient to you?"

I said yes and that was the last i heard!

Oh dear. Solicitors don't ask these questions unless they're important. If you and the other party agreed a different completion date after this email from your solicitor then the onus was on you to inform your solicitor immediately.

Since you answered the email in the affirmative I can't think of any reason why the solicitor wouldn't exchange, or be expected not to, as confirming completion dates is usually the final piece of work prior to exchanging.

I don't know whether it is possible to change completion date if both parties agree to change it - and it may not be possible. If it is it will most certainly cost you extra.

The solicitors job is to proceed with the purchase and get the transaction secured by exchanging contracts after all the necessary work has been completed - unless instructed otherwise by the client. I can't see your solicitor is at fault here at all.

princeofpounds

don't know whether it is possible to change completion date if both parties agree to change it - and it may not be possible. If it is it will most certainly cost you extra.

As long as the mortgage company also agrees, yes it should be possible. And it should not cost that much, if anything at all (depending on how much the solicitors were at fault).

PheoUK

I bet you'd have been peeved if the sols had sat on it for a week waiting for you to be sure!

mbenz1

Im confused on what happens when you exchange contracts. Do you just sign it and send it back to the sol then they exchange for you? As i also read somewhere that its done over the phone and recorded to make sure the contracts are correct and the same?