The NEW waiting to exchange thread...

MickeyFTB

firstbuyer said:

We exchanged!

Completion set for 22nd Feb.

Seller has already said they wont be leaving the property until 3.30PM because their flight isn't until 8.30PM... is this even allowed? Surely when the money is in their solicitors account the property is mine?

Woohoo! That’s great news! And yes as soon as their solicitor confirms they have the funds the EA/seller has to release the keys as you own the property. You can negotiate but if the money is there and you want entry then unfortunately for them they have to hand over! 

charlotteo1988

Not looking good for us. Apparently our buyers only sent the contract back last night so won’t be with the solicitor today. We are now asking if the solicitor would be happy to sign the contract on behalf of their client. 

I can’t see us exchanging today. 🙄 going to miss my sons schooling deadline for proof of change of address.

badger09

firstbuyer said:

We exchanged!

Completion set for 22nd Feb.

Seller has already said they wont be leaving the property until 3.30PM because their flight isn't until 8.30PM... is this even allowed? Surely when the money is in their solicitors account the property is mine?

I'm pretty sure 'standard' completion time in a contract is 13.00, or if not specified, then 14.00 is the default. Perhaps one of the conveyancers will confirm.

Suggest you make sure the EA tells your vendors they need to vacate by 13.00/14.00 (assuming funds have gone through). They can go to the airport early for a celebratory drink or 3! 

jkrbec

firstbuyer said:

We exchanged!

Completion set for 22nd Feb.

Seller has already said they wont be leaving the property until 3.30PM because their flight isn't until 8.30PM... is this even allowed? Surely when the money is in their solicitors account the property is mine?

why would they want to sit inside an empty property?! surely they could just go to the pub for a few hours!

babyblade41

charlotteo1988 said:

Not looking good for us. Apparently our buyers only sent the contract back last night so won’t be with the solicitor today. We are now asking if the solicitor would be happy to sign the contract on behalf of their client. 

I can’t see us exchanging today. 🙄 going to miss my sons schooling deadline for proof of change of address.

I doubt that could ever happen, contract is just that unless POA's are involved.

We've been ready to exchange for a couple of weeks now and my buyer s solicitor is only just doing their report.

3 of us in the chain , no mortgages & it's been like pulling hens teeth !!

MickeyFTB

charlotteo1988 said:

Not looking good for us. Apparently our buyers only sent the contract back last night so won’t be with the solicitor today. We are now asking if the solicitor would be happy to sign the contract on behalf of their client. 

I can’t see us exchanging today. 🙄 going to miss my sons schooling deadline for proof of change of address.

Not sure I’d be wanting to exchange on a contract that isn’t signed by the sellers and I’d be surprised if a solicitor is willing to do this as surely it makes the whole thing void and they could pull the plug anyway?

harz99

MickeyFTB said:

charlotteo1988 said:

Not looking good for us. Apparently our buyers only sent the contract back last night so won’t be with the solicitor today. We are now asking if the solicitor would be happy to sign the contract on behalf of their client. 

I can’t see us exchanging today. 🙄 going to miss my sons schooling deadline for proof of change of address.

Not sure I’d be wanting to exchange on a contract that isn’t signed by the sellers and I’d be surprised if a solicitor is willing to do this as surely it makes the whole thing void and they could pull the plug anyway?

Standard practice in Scotland though iirc.

charlotteo1988

MickeyFTB said:

charlotteo1988 said:

Not looking good for us. Apparently our buyers only sent the contract back last night so won’t be with the solicitor today. We are now asking if the solicitor would be happy to sign the contract on behalf of their client. 

I can’t see us exchanging today. 🙄 going to miss my sons schooling deadline for proof of change of address.

Not sure I’d be wanting to exchange on a contract that isn’t signed by the sellers and I’d be surprised if a solicitor is willing to do this as surely it makes the whole thing void and they could pull the plug anyway?

It’s the solicitor who suggested it so I’d like to hope she knows what she is talking about. 

Anyways PPL aren’t returning emails or calls again so can’t get hold of her anyways.

so no exchange today. 😔 I hope it’s tomorrow because I currently have no voice through stress of getting something set in stone. 

babyblade41

charlotteo1988 said:

MickeyFTB said:

charlotteo1988 said:

Not looking good for us. Apparently our buyers only sent the contract back last night so won’t be with the solicitor today. We are now asking if the solicitor would be happy to sign the contract on behalf of their client. 

I can’t see us exchanging today. 🙄 going to miss my sons schooling deadline for proof of change of address.

Not sure I’d be wanting to exchange on a contract that isn’t signed by the sellers and I’d be surprised if a solicitor is willing to do this as surely it makes the whole thing void and they could pull the plug anyway?

It’s the solicitor who suggested it so I’d like to hope she knows what she is talking about. 

Anyways PPL aren’t returning emails or calls again so can’t get hold of her anyways.

so no exchange today. 😔 I hope it’s tomorrow because I currently have no voice through stress of getting something set in stone. 

just had a quick read about this and if their client gives full written authority then it is possible for a solicitor to sign on behalf of their client .

TBH though probably quicker doing it the normal way and not something I would do especially as all my docs are sent by hand to my solicitor so it wouldn't be a thing 

firstbuyer

jkrbec said:

firstbuyer said:

We exchanged!

Completion set for 22nd Feb.

Seller has already said they wont be leaving the property until 3.30PM because their flight isn't until 8.30PM... is this even allowed? Surely when the money is in their solicitors account the property is mine?

why would they want to sit inside an empty property?! surely they could just go to the pub for a few hours!

My thoughts exactly. Rather give them £20 to go get some drinks and give me my keys!!

badger09 said:

firstbuyer said:

We exchanged!

Completion set for 22nd Feb.

Seller has already said they wont be leaving the property until 3.30PM because their flight isn't until 8.30PM... is this even allowed? Surely when the money is in their solicitors account the property is mine?

I'm pretty sure 'standard' completion time in a contract is 13.00, or if not specified, then 14.00 is the default. Perhaps one of the conveyancers will confirm.

Suggest you make sure the EA tells your vendors they need to vacate by 13.00/14.00 (assuming funds have gone through). They can go to the airport early for a celebratory drink or 3! 

Yes my sol said 2pm is absolute latest legally it needs to be vacant! EA is purple bricks so they don't get involved on completion and i'll be collecting keys from the seller. So I think they feel like they have all the cards.

MickeyFTB said:

firstbuyer said:

We exchanged!

Completion set for 22nd Feb.

Seller has already said they wont be leaving the property until 3.30PM because their flight isn't until 8.30PM... is this even allowed? Surely when the money is in their solicitors account the property is mine?

Woohoo! That’s great news! And yes as soon as their solicitor confirms they have the funds the EA/seller has to release the keys as you own the property. You can negotiate but if the money is there and you want entry then unfortunately for them they have to hand over! 

This is what I thought! The house will be empty as all of their belongings will be in containers the weekend before?