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Exchange Help!

I really need an opinion regarding our exchange process and what is being asked of us.
We are currently going through the process of buying a new build. We’ve received all the paperwork to sign for exchange. However, there are multiple conflicting points through the paperwork and multiple incorrect things that we need amending.
For example; the house plans in the documents are incorrect.
There is apparently a certificate to confirm the boiler was fitted in April- the house is still being built and doesn’t have a boiler in it at all.
There are 2 instances where it says we are responsible for insuring the house on exchange, then 2 instances where is says we’re responsible for insuring the house on completion.
There are more but they are the key ones.
We have gone back to our solicitor with these errors and she wants us to sign the paperwork, send it back to her and then she will amend it. Is this normal practice? It seems a bit redundant to even need our signatures if she can just go and change multiple aspects of the paperwork after we’ve signed it?
We’re first time buyers so have no prior experience but I just want to know how common or uncommon this is and whether we’re going to have a battle on our hands

Comments

  • -taff
    -taff Posts: 15,585 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I wouldn't be signing anything that wasn't already concrete [especially if the plans are wrong], but I've never bought a new build.
    Has your solicitor been provided by the build company by any chance?
    Non me fac calcitrare tuum culi
  • pinkteapot
    pinkteapot Posts: 8,044 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 26 October 2019 at 10:22AM
    Who's the developer? Is it one of the big ones?

    You definitely shouldn't need to insure the house from exchange. With a new-build it's normal for the builder to cover it until completion. That's different to buying a second-hand house where you do insure it from exchange.

    Was your solicitor recommended by the developer or did you choose her independently?

    Just to check - what exactly are you being asked to sign? Have you actually instructed your solicitor yet? It's normal to sign something at the very start of the process to enter into a contract with the solicitor (for them to work for you). That would happen before the paperwork is final.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Depends exactly what "paperwork" and "documents" you're talking about.

    The norm (in England) is to insure from exchange, so if you're reading a general advice note that's what it's likely to say - but newbuilds are the main exception from the rule as you don't need to insure until completion.
  • We chose our solicitor- they’re award winning so we thought they’d be a good choice.
    It’s all the exchange documents we’re being asked to sign- transfer, deeds, letters that she’s put key points down in and asked us to sign, it’s all the paperwork you sign so you can exchange and pay over the deposit.
    She’s saying we need to send back the paperwork signed and then she will make the amendments ie put the correct plans in, take the part about the boiler off, change it all so it says insure from completion etc
    Is that a normal request?
  • If she's adamant that that is what you should do, then sign as directed. HOWEVER, I would be sending a supplementary letter to her (together with the signed stuff) listing/specifying all the things that you are not happy about and that she has said she will sort out for you. Keep a copy. Then if she manages to mess up by not doing the work properly as you have specified, then you can seek redress.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Go in and have a chat with her. If she explains things to ypur satisfaction, you can sign there and then.
  • RelievedSheff
    RelievedSheff Posts: 12,937 Forumite
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
    We purchased a new build in April and we had to insure it from completion date. Until that point the developers (David Wilson Homes) insured it up until that point.

    You need to make sure the title plans are correct.

    There is some paperwork to sign early in the process that is not the contracts.
  • Tom99
    Tom99 Posts: 5,371 Forumite
    1,000 Posts Second Anniversary
    I would not sign until the documents were correct, particularly the plan.
    Your solicitor will not have seen the site/property so who knows what plan might be substituted.
    If you are to insure from completion then presumably the contract should state the developer insures from exchange until completion.
    As suggested a visit to your solicitor may sort this out quicker that you waiting for revised documents to be sent to you.
  • I don't know if its the correct thing to do, but I would refuse to sign as well. Not sure why you'd be told to sign incorrect documents that have to still be amended, is she planning to copy your signature onto the corrected documents, what's the point in signing at all? It doesn't seem right somehow. But that might be due to my ignorance.
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