Who can exchange house contracts?

DanDMS

Hi,

My wife and me are due to exchange contracts any day now and have just heard from our seller that their solicitor will be on holiday from Friday! They seem to think that the secretary will be able to exchange contracts if the solicitor isn't there. Is this correct? Any info is really appreciated, freaking out!

Thanks

cloo

I don't know about exchange, but my solicitor was away on completion date, and got a colleague to do the completion, but it meant I didn't receive the money from them until my solicitor returned a few days later, which was OK as I didn't live in the property I'd sold and wasn't in a chain.

I imagine it's possible for someone else to administrate the exchange as long as they know the drill.

Gonzo1987

The solicitor should be leaving someone else in charge of this who is in a position to exchange in their absence, I don't think a secretary can, but I could well be wrong.

DanDMS

Thanks for the replies, really appreciate it!

phill99

It doesn't have to be a solicitor. Do you think that these big on line conveyancing companies actually have loads of solicitors exchanging documents? Its done by a whole army of admin staff.

The exchange used to be a physical handing over of contracts. This still occurs, but via the DX System, which is s system exclusively for solicitors for exchange of contracts. It is accepted practise now that ince the contract has entered the DX System, although not physically delivered to the third party, exchange is deemed to have taken place.

So don't worry, you don't need a solicitor to do it.

MonsieurFrugal

The firm i used had a locum solicitor in to complete for my purchase.

DanDMS

Thanks for the information, it has helped to calm me (slightly!).

kwmlondon

Just to reiterate, as long as your solicitor has prepared for the situation you should be fine. I would, however, ask if there's someone who can pick up the case in case of any niggles (is there another partner in the firm who will be available), but this is pretty routine stuff and I can't see why your exchange would be problematic.

DanDMS

Thank you, we are hoping exchange will take place today. If not we will be asking the seller to make sure there will be someone at their solicitors to handle it over the next few days.

DanDMS

We have just exchanged, such a relief! Thanks again for the replies, they certainly helped.

LandyAndy

DanDMS wrote: »

We have just exchanged, such a relief! Thanks again for the replies, they certainly helped.

Congratulations.:beer: