Completion date blocked by solicitor

mikeh9

We are in a chain of four. One of the solicitors muddled up the completion dates by not spotting that one sale had a completion date of the 27th and another the 25th of the same month.
All the parties are now agreed that we want to complete on the 25th and some of us would have major problems with the 27th (removers not available). However one of the solicitors involved (the one who caused the problem) will not move the date to the 25th. Are they within their rights to do this? If not how can we force them to accept the date we all want. If they will not can we claim compensation?
This has all been very frustrating and stressful.
Thanks for any help or insight you can offer.

anselld

Have you exchanged? If not there is nothing you can do except negotiate.

VintageHistorian

As anselld has said above, have you exchanged contracts yet?

Has the solicitor given a reason why they won't agree to move it? It might be that they don't think their clients mortgage company will provide funds in time.

It's really for their client to put pressure on and demand an explanation, all you can really do is put pressure on the client (easier if you're their buyer or vendor, less easy if you're more distant).

Is the client at the top, bottom or middle of the chain? If they're at one or other of the extremes then it might be easier to break the chain by having them move in with family for two days so the rest can complete can on the 25th. But that requires the client themselves to be willing to do this, and they might think it's not worth it if they're moving with two lorries of furniture, three kids and a couple of pets.

mikeh9

We have not exchanged yet.
We all want to exchange for completion on the 25th.
Our buyer is the 2nd in the chain. Her buyer originally had an agreement to complete on the 27th but has now agreed to move that to the 25th.
The discrepancy in the dates that caused the problem was not picked up by our buyers solicitors until recently.
All the actual people with houses are in agreement with the date the problem is getting our buyers solicitors to make the exchange on that basis.

mikeh9

There is no financial problem. The solicitor has not as far as I know given a reason.

Richard_Webster

An obvious issue is the time it will take to get mortgage moneys from that solicitor's client's mortgage lender. Some want as much as 7 working days notice.

Too many times I used to hear "...we've all agreed[a particualr date]" and swhen we tried to sort it all out it turned out that wasn't really the case. So don'tassume too much.

It is far too much brinkmanship for you all to be trying to complete a few days ahead when you haven't exchanged contracts. You could all be very disappointed. Better to agree a date 10-14 days ahead and give everyone time to get organised.

mikeh9

The date was agreed , we thought, weeks ago and we and our buyers have been organising around that date. Unfortunately our buyers solicitors didn't spot a discrepancy in the dates and are now seemingly refusing to put matters right. Our buyers buyer has the money in the bank ready to go so there is not mortgage issue.

chappers

the relevant client needs to speak with their solicitor, you all think there is no reason, but there will be one.Tthe solicitor won't just be being bloody minded

eddddy

mikeh9 wrote: »

Unfortunately our buyers solicitors didn't spot a discrepancy in the dates and are now seemingly refusing to put matters right.

Are you sure that this is an issue caused by the buyer's solicitor?

People often blame their solicitor for their own mistakes.

Or could it even be that your buyer actually wants to complete on the 27th, but rather than arguing with everyone else in the chain about it - they are just saying that their solicitor can't do the 25th?

I'm sometimes surprised at how devious buyers and sellers can be.

mikeh9 wrote: »

....and some of us would have major problems with the 27th (removers not available).

So in you're position, I would try to move the completion date further into the future. It gives more time to book removers etc, and might generally reduce stress levels.

anselld

mikeh9 wrote: »

The date was agreed , we thought, weeks ago and we and our buyers have been organising around that date. Unfortunately our buyers solicitors didn't spot a discrepancy in the dates and are now seemingly refusing to put matters right. Our buyers buyer has the money in the bank ready to go so there is not mortgage issue.

You haven't exchanged contracts so the date was not agreed.
At best the date was "proposed".

G_M

mikeh9 wrote: »

The date was agreed , we thought, weeks ago and we and our buyers have been organising around that date. .

Impossible.

A Completion date is not agreed till contracts are Exchanged. Until then, you are simply discussing a 'preferred' date which may or may not be achieved.

In this case, it seems to be unachievable.

The fault may or may not be the solicitor you believe it to be - but either way it does not matter.

Making 'preparations' ( eg booking removals vans) before Exchange of Contracts is always risky, premature, and unwise - as you have now discovered.

That's why a short gap between Exchange and Completion is unwise, and simultaneous Exchange/Completion even more unwise.

Leaving a longer gap (week, 10 days or more) gives more time to make preparations once a definitive Completion date has, indeed, been 'agreed' at Exchange.

It used to be normal for a 4 week gap, for exactly this reason, but the tenadancy these days is to rush, with a risk of consequences like yours.