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Solicitor exchanged contracts without giving me an exchange date!

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Comments

  • You sign the contract at your leisure. Then the solicitor contacts the other solicitor on the day of exchange to confirm exchange. That's how it happened for us anyway. The vendor signed a week before us.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    You sign the contract at your leisure. Then the solicitor contacts the other solicitor on the day of exchange to confirm exchange.

    That is correct. At that point 'exchange' is deemed to have taken place.

    Then each solicitor sends their client's original signed contract to the other.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • JohnDoe1
    JohnDoe1 Posts: 89 Forumite
    PheoUK wrote: »
    I bet you'd have been peeved if the sols had sat on it for a week waiting for you to be sure!

    I just expected at least an actual exchange date. After that then obviously I don't expect the solicitor to wait but just exchange on the agreed date.

    On my last property sale, my solicitor gave me an exchange date a few days before then on the actual date of exchange phoned me to confirm that everything was still ok and that I am still in a position, and wanted, to exchange, before actually making it legally binding.
  • tigsly
    tigsly Posts: 481 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    We were told on Tuesday that our vendor was happy to exchange and 'good to go'.. so today when we exchanged (whoop whoop) I was surprised that they had to wait for the vendors permision (as it had been granted on Tuesday!)

    Apparently they 'check with all parties' that the exchange is good to go - as a final check - the conveyencer told me something about - they 'open an windown of 2 hours - where all the soliciters can contact their party - as soon as this is done - if everyone nods then exchange happens..

    I think its bad practice for them not to check - you still wanted to exchange prior to doing it.
  • DRP
    DRP Posts: 4,287 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    agree it doesnt seem right.

    our conveyancer rang me to ask if i was still ok to exchange just prior to hitting the go button.
  • Better_Days
    Better_Days Posts: 2,742 Forumite
    I've been Money Tipped!
    I would expect my solicitor to ring me just before to exchange to check it was still OK to proceed. I have bought/sold a number of times now and I was always contacted just before solicitor exchanged, and then telephoned again once completion had taken place.
    It is a good idea to be alone in a garden at dawn or dark so that all its shy presences may haunt you and possess you in a reverie of suspended thought.
    James Douglas
  • pinkshoes
    pinkshoes Posts: 20,609 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Why do you need to delay completion?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • hazyjo
    hazyjo Posts: 15,475 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If I knew we were all ready to exchange, and all agreed a completion date, I would not be at all surprised to find out we'd exchanged. Surely that was the point of the call/email?

    Had there been no discussion re everyone being ready to exchange prior to their email asking about completion dates?

    Jx
    2024 wins: *must start comping again!*
  • Newly_retired
    Newly_retired Posts: 3,241 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    As buyers we were rung on at least 4 occasions by our solicitor asking if we were "good to go". After the first time, when money had to be put in place, each time our answer was yes. Despite being ready, exchange did not happen - for reasons not of our making. It took months not weeks.

    Exchange only happens when everyone in the chain has agreed on a completion date, after the solicitors have done all their work, of course.
    The actual exchange date is neither here nor there, normally.
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