Wrong price on Exchange document

spirconi

Hi All,

Tried to find a similar scenario but no luck.

I was due to exchange today on house sale and house purchase. The chain is 3 long and I'm in the middle.

My sale exchange was all fine, then last minute the paperwork was sent from the house I'm buyings solicitor and the price originally agreed, not the negotiated price was on the form. Typically this happened as they were shutting up shop so i can't get any answers on how this effects things.

Im hoping, its a case of the vendor instructing their solicitor to just amend the price on the signed paperwork and thats that. This is based on my solicitor instructing me to do the same on a past sale (that was earlier in the process though and i could still get a physical signed copy to them).

All 3 parts of the chain are motivated and should be able to push, but the issue is knowing whether they are available to re-sign the paperwork tomorrow if they need to physically sign.

We are supposed to complete on Friday, and my buyer has removals booked in for tomorrow, she knew it was pushing it but it dragged out and we thought we were finally all set until this! So she's obviously in a panic whether to let them collect the stuff now as we don't know how this might affect things.

So in short, my question is, can the vendors solicitor, on their clients instruction of course, amend the price on the form that has already been signed?

Im certain this must be a more common problem than it should be, has anybody else been in this scenario that can help keep me from a sleepless night till 9am tomorrow morning.

marksoton

If your vendor stands to loose money on removals i'm sure they'll motivate their solicitor!

spirconi

The vendor is already moved out, its a probate so its the owners son and daughter selling. They are motivated though and are unhappy this is dragging and wasn't picked up by solicitor (they must have signed before negotiation), its just more of a panic if they are not in the local area tomorrow to sign documents if needed or can they just amend and resend the existing signed documents.

Just realized i wrote seller rather than buyer. My bad. Its my buyer that is in the removal predicament.

Everything can be solved right! Just seeing if any experienced words from anyone been through the same.

marksoton

Your buyer has jumped the gun a bit really. I wouldn't book removals till exchange. It's their risk.

spirconi

Yes, that was their call to make, and everything was in place until this.

i have kind of tainted the question with that piece information. Im more interested in the detail of whether a solicitor can change the price on the contract once its signed, so that they don't have to physically be available? I also want to move as I'm living out of boxes!

marksoton

Worst case scenario i'd imagine it could be rectified via email...

spirconi

marksoton wrote: »

Worst case scenario i'd imagine it could be rectified via email...

Thank you, i think you are right. Just have everything crossed. In the worst case i may be living out of boxes but the house is the cleanest its been for a while!!:j

G_M

The solicitors should be able to resolve this on the phone.

Each solicitor will call their clients

1) to confirm the price (or you and the seller call your solicitors)
2) to obtain consent from their client to alter the contract on their behalf

The solicitors will then speak to each other and compare price. Provided it matches, each will amend the cotract. They can then exchange.

spirconi

Thats the perfect reassuring answer.

I thought it would be the case but obviously not in this scenario too regular (thank god!!).

Thank you