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Advice Needed

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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 14 December 2014 at 10:47AM
    jddbys's solicitor needs to be told he wants to Exchange immediately with Completion date Dec 19th. Verbally and confirmed as an instruction in writing (fax? email?).

    More importantly, his seller's solicitor needs to be told the same by the seller, who needs at the same time to make clear the deposits are not linked, and nor are the sale/purchase.

    Once the seller's solicitor understands/accepts this, he (seller's solicitor) will ring jydderbys solicitor requesting Exchange. There is no way jydderbys solicitor can refuse by reference to the chain, since the seller's solicitor is further up the chain, so if he is willing to Exchange, the chain above is not jydderbys solicitor's concern.

    Seller's solicitor cannot be contacted by jydderby direct. jydderby must speak to the seller and/or estate agent, and the seller must instruct his solicitor.



    However, I suspect the seller actually won't want to Exchange with jydderby unless he simultaneously Exchanges on his own purchase (Completion date Jan), otherwise he risks getting stranded with his family if his purchase falls through.

    Thus the chain, - and getting everyone to Exchange in time for Dec 19th is unlikely.

    So although the seller says he is willing and able to Exchange, in fact he may not be.

    Ask and you will find out.
  • G_M wrote: »
    jddbys's solicitor needs to be told he wants to Exchange immediately with Completion date Dec 19th. Verbally and confirmed as an instruction in writing (fax? email?).

    More importantly, his seller's solicitor needs to be told the same by the seller, who needs at the same time to make clear the deposits are not linked, and nor are the sale/purchase.

    Once the seller's solicitor understands/accepts this, he (seller's solicitor) will ring jydderbys solicitor requesting Exchange. There is no way jydderbys solicitor can refuse by reference to the chain, since the seller's solicitor is further up the chain, so if he is willing to Exchange, the chain above is not jydderbys solicitor's concern.

    Seller's solicitor cannot be contacted by jydderby direct. jydderby must speak to the seller and/or estate agent, and the seller must instruct his solicitor.



    However, I suspect the seller actually won't want to Exchange with jydderby unless he simultaneously Exchanges on his own purchase (Completion date Jan), otherwise he risks getting stranded with his family if his purchase falls through.

    Thus the chain, - and getting everyone to Exchange in time for Dec 19th is unlikely.

    So although the seller says he is willing and able to Exchange, in fact he may not be.

    Ask and you will find out.

    This is great. Thank you. We have used it as a basis for a letter we have sent to the agents and will use to try and get things to go through on the agreed time-scale. If not then at least we have tried everything we can and are now in a much more knowledgeable position than on Friday.

    Thank you for the help we appreciate it
  • rosie383
    rosie383 Posts: 4,981 Forumite
    Good clarification G-M. Helpful information there.
    Father Ted: Now concentrate this time, Dougal. These
    (he points to some plastic cows on the table) are very small; those (pointing at some cows out of the window) are far away...
    :D:D:D
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