Changing moving date days before completion

Rachels1979

Hi,

I really hope someone can give me some advice.

An elderly relative is due to move house on Tuesday, she signed contracts and a date was agreed for moving. The people she is buying off have now said that they can't move on the day arranged and need to change the date. First thing on Monday morning the removal guys are turning up to pack everything ready for the move, and on Wednesday builders are coming to start renovations for their buyers. As it's the weekend they can't contact their solicitors or the removal company. There is some confusion if the sellers have signed yet.

Does anyone know where they legally stand?

She's understandably upset and has got quite confused about what's happening. If anyone can give me any advice I'd really appreciate it.

Thanks

[Deleted User]

What are the contracts you mention, was that exchange? This all hinges on if exchange has happened, if exchange hasn't happened then there is no legal recourse and the buyer/seller can pull out of the sale at any time, however it seems unlikely that they would be this far into the process (with a move date planned) if exchange hadn't happened: if exchange has happened and they refuse to complete their solicitor is going to string them up because there will be liability for costs incurred by the other parties in the chain. All you can do is wait until Monday to try and find out information from the solicitor...

ConfusedofYorkshire

is the removal company really closed over the weekend? weekends tend to be their busiest days and all the ones i've dealt with give out mobile numbers.
i know that doesn't solve all your problems but might help with 1!

cattie

Usually as long as everything is being done via solicitors then a completion date will usually be agreed once or at the time that exchange of contracts occurs.

Completion date is usually the moving date, although some people do chose to move out earlier, but property doesn't legally become buyers until completion date & solicitor has confirmed all monies due from buyers have been paid.

If the above steps have been followed then your relative can sue the vendors for breach of contract, but unfortunately her solicitor is the best one to advise her of what her next step should be. Do the solicitors not have an emergency no., only I know some do?

Perhaps in the meantime somebody can explain to the vendors that if completion date has been agreed then they can't just change their minds like this.

It would be unusual not to be able to contact a removal company over the weekend as weekends are often a removal companies busiest times.

It's probably of little comfort to your relative right now to know that at least she should be able to recover all her costs from the vendors if they have failed to vacate on completion date as agreed.

What an awful thing to have happened on the 13th hour. It must be a scenario that is every buyers nightmare.

notanewuser

Rachels1979 wrote: »

Hi,

I really hope someone can give me some advice.

An elderly relative is due to move house on Tuesday, she signed contracts and a date was agreed for moving. The people she is buying off have now said that they can't move on the day arranged and need to change the date. First thing on Monday morning the removal guys are turning up to pack everything ready for the move, and on Wednesday builders are coming to start renovations for their buyers. As it's the weekend they can't contact their solicitors or the removal company. There is some confusion if the sellers have signed yet.

Does anyone know where they legally stand?

She's understandably upset and has got quite confused about what's happening. If anyone can give me any advice I'd really appreciate it.

Thanks

Confusion where? If they haven't signed, they can't have exchanged and the completion date is still a moveable feast. You need to clarify exactly what stage the process is at and find a plan B for next week as there is every chance completion ain't gonna happen.

G_M

Rachels1979 wrote: »

Hi,

.... she signed contracts and a date was agreed for moving. ....

1) signed the contract & returned it to her conveyancer?
2) the conveyancer has 'Exchanged contracts' with the seller?
3) date was agreed between who? How?

If only 1) above, nothing is legally binding and seller can change date, or even refuse to sell. So can buyer.

If 2) neiher side can change their mind about the sale, or the dates

zzzLazyDaisy

As others have said, this all hangs on whether exchange has taken place yet.

Only the solicitor can tell you that, and it will be Monday now before anyone will be available at the solicitors office to check the file and give you that information.

What I will say is that it does sometimes happen that a client believes that because they have signed the contract and sent it back to their solicitor and informed the solicitor of their preferred date of moving, that the deal has been done.

In fact there can sometimes be quite a delay after the contract has been signed and returned to a solicitor before 'exchange' takes place - this is where the date for completion (the 'moving date' if you like) becomes legally binding. This is because every buyer/seller in the chain has to be in a position to exchange contracts at the same time, before this can happen.

As there is some confusion about whether the sellers have even signed the contracts yet, it seems at least possible that 'exchange' has not yet taken place and there is not yet any legally binding agreement in force.

Are you in touch with the buyers? They may be more clued up than your relative, and should be able to tell you whether contracts have in fact been exchanged and a completion date set, since all contacts for everyone up the chain are exchanged at (virtually) the same time.

Rachels1979

Thanks everyone. Apparently they have exchanged but the sellers have said that they can't get a removal van so can't move. The next available date everyone can get removal vans now is another 3 weeks. Luckily she managed to cancel the van for next week.

Would there be any issues with them all still living in their old houses for a few weeks after exchange?

zzzLazyDaisy

Oh no! She should not have cancelled the removal firm until after she has spoken to her solicitor and obtained confirmation that all the parties in the chain will agree to a three week postponement of the completion date.

All the parties in the chain may have informally agreed (have they?) but there may be other factors in play that they don't know / understand (such as the expiry of a mortgage offer in the intervening period).

I'd suggest going back to the removal firm, explaining the situation, and asking if she can keep the booking until at least she has had chance to speak to her solicitor.

I think I'd also ask if they would be able to do the sellers house move at short notice if they require it.

TBH I don't believe the removal van story. It is normally the first thing you do when you are planning to move, and most people would check that removals are in place before agreeing to the completion date.

Either way, I'd get onto the solicitor first thing Monday and tell him/her that the sellers are refusing to complete in the agreed date. You solicitor should be onto theirs pronto, and their solicitor should be explaining the facts of life and moving to them.

eddddy

Hi Rachels1979

I agree with zzzLazyDaisy.

If contracts have been exchanged, the completion date (i.e. the moving date) will have been fixed.

Unless her solicitor specifically confirms something different, your relative must move on the agreed completion date or she could face being sued for many thousands of pounds.

In your situation, I would do the following:
- Un-cancel the removal firm
- Phone your solicitor on Monday morning saying the seller wants to delay completion (and either say you don't want this to happen, or that you are happy to do it, if the seller pays for the aborted removal fees etc.).
- Tell the seller to contact their solicitors urgently to explain their situation

(If your relative agrees to changing the completion date, it should only be on the condition that the seller pays for any increased costs, as a result.)

Rachels1979

She wouldn't have been able to speak to the solicitor till after the time that the removal guys would have been turning up so I don't think they had much choice unfortunately. If they hadn't cancelled they'd have had to pay them, and as there was the uncertainty if they'd exchanged or not it wasn't a risk they could afford to take. Their buyers have cancelled everything too, and all the utilities companies have been called to postpone the change over. It's all a complete mess. I really don't think it was an accident that they were told so late on the Friday so that nothing could be sorted with the solicitors.

To be honest I don't believe that they couldn't get a van either, at first I thought that it was an excuse as they hadn't signed contracts but if they've exchanged then who knows.