Delayed completion on notice

shahzeb

Hi

I had a question about delayed completion.

I am in the process of buying a house. The vendor Mrs. D is in turn buying a new built.

We exchanged contracts in August with an "on notice" completion with the understanding that CML for Mrs. D's new built would be in the third week of August and completion for our house would be around 15th September. However, since exchange, CML has been delayed 3 times and I still do not have a definite date for the next CML and in turn completion for my house after 2 months.

My question is, can I serve a "notice to complete", making time of the essence, to Mrs D even if our contract stipulates "on notice" completion. If not, what can I legally do to either make them move out and complete or get my deposit and costs back? I also noted that the contract does not stipulate who serves the notice.

My solicitor also did not warn me of the drawbacks of "on notice" completion and did not include a drop dead date to complete on the contract which in my opinion (in hindsight and with a bit of research) he should have.

Really appreciate your help.

Kind regards

Shahzeb

AMILLIONDOLLARS

I would point out that mortgage offers have a time limit, which is fast running out in all your cases.

AMD

G_M

Make a complaint to your solicitor. Follow the complaints procedure. This should have been explained and included in the contract.

As for the purchase, I suspect if the contract does not specify a final date, you canno impose one on the seller.

Try negotiating - perhaps if you offer to pay their expenses the sellers will move out into rented of family pending completion of thei new build?

Then try claiming those costs back from your solicitor.