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Not sure if completing tomorrow or not, advice please!

Hi, could do with opinions on this situation please.
I'm selling my house and buying another, our buyers arent selling and our sellers have no onward chain.
Completion was agreed to be Friday 2nd October. A week before our buyers solicitor requests funds from mortgage lender, exchange was planned to be Tuesday 29th September, but this didn't happen. On Wednesday 30th our solicitor informs us that our buyers solicitors request for funds was withdrawn/rejected because of incorrect paperwork, and a new request had to be made. The lender requires 5 working days notice, so the earliest completion could then be was 7th October (tomorrow). We've still not exchanged as buyers solicitor won't do so until the lender confirms they can release the funds tomorrow, which they have not yet done.
I feel very much in limbo, not sure if we'll be moving tomorrow or not, and it all seems a very strange situation with the buyers mortgage lender, not sure why they cant confirm funds will be released? Our solicitor is being very blase and seems to think exchange and completion will just happen tomorrow, but not sure this will be the case if the lender wont confirm they'll be sending the money? 
Does anybody with more knowledge or experience than me have any thoughts on what might be happening?! 
Thanks 
«1

Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Basically ONLY your solicitor can advise. 

    Which is why i always say that you shouldn't exchange and complete on the same day.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Completion dates are only set in stone once exchange occurs. 
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    There is literally nothing you can do, nor nothing your solicitor can do or say.
    Either you will get a call sometime mid-late morning saying "Exchanged. Money here. Completed. Get moving."
    Or you will get a call saying "sorry there'sa delay (because xyz), May be Completing on (Friday/whenever)"
  • For me, the most important question is whether you are in a position to exchange and complete tomorrow? Are you packed? Have you got removals booked etc? If not, you need to tell your solicitor ASAP. 
  • sweetsand
    sweetsand Posts: 1,826 Forumite
    1,000 Posts Name Dropper
    Hi, could do with opinions on this situation please.
    I'm selling my house and buying another, our buyers arent selling and our sellers have no onward chain.
    Completion was agreed to be Friday 2nd October. A week before our buyers solicitor requests funds from mortgage lender, exchange was planned to be Tuesday 29th September, but this didn't happen. On Wednesday 30th our solicitor informs us that our buyers solicitors request for funds was withdrawn/rejected because of incorrect paperwork, and a new request had to be made. The lender requires 5 working days notice, so the earliest completion could then be was 7th October (tomorrow). We've still not exchanged as buyers solicitor won't do so until the lender confirms they can release the funds tomorrow, which they have not yet done.
    I feel very much in limbo, not sure if we'll be moving tomorrow or not, and it all seems a very strange situation with the buyers mortgage lender, not sure why they cant confirm funds will be released? Our solicitor is being very blase and seems to think exchange and completion will just happen tomorrow, but not sure this will be the case if the lender wont confirm they'll be sending the money? 
    Does anybody with more knowledge or experience than me have any thoughts on what might be happening?! 
    Thanks 
    Hi OP
    Sorry to hear about your woes, very worrying time indeed.
    Years ago our payment was not going through to the property we were buying and our loory was loaded up and the new buyers were outside with the agents demanding the keys - we were only moving about 100 yerads to another road - it was stress but it all sorted out.

    In your case, getting it wrong once is unusal but twice is not heard off unless they are more incompetent than our gov.

    Therefore, fingers crossed all should go well and please let us know when you have a spare moment next week

    ATB with your move and new home and I hope you have good and happy times there
    ATB
  • sweetsand
    sweetsand Posts: 1,826 Forumite
    1,000 Posts Name Dropper
    Completion dates are only set in stone once exchange occurs. 
    Excalty and btw OP  - you won't need to do this but you may wnat to claim damages if they continue to fail on the completion date.

    OP, I conclude that you should state 'completion' instead of ;exchange' - 
    ATB
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    sweetsand said:
    Completion dates are only set in stone once exchange occurs. 
    Excalty and btw OP  - you won't need to do this but you may wnat to claim damages if they continue to fail on the completion date.

    OP, I conclude that you should state 'completion' instead of ;exchange' - 
    ATB
    OP said "We've still not exchanged as ..." so there are no grounds to claim damages.
  • Would it not be sensible to set a different completion date eg. this Friday? At least everyone can be more sure.
  • sweetsand
    sweetsand Posts: 1,826 Forumite
    1,000 Posts Name Dropper
    sweetsand said:
    Completion dates are only set in stone once exchange occurs. 
    Excalty and btw OP  - you won't need to do this but you may wnat to claim damages if they continue to fail on the completion date.

    OP, I conclude that you should state 'completion' instead of ;exchange' - 
    ATB
    OP said "We've still not exchanged as ..." so there are no grounds to claim damages.
    Apologies as I misread. Thanks.
    Conclusion - until exchange is agreed anyone can pull at at any time or delay etc.
    Thank you.
  • For me, the most important question is whether you are in a position to exchange and complete tomorrow? Are you packed? Have you got removals booked etc? If not, you need to tell your solicitor ASAP. 
    Yep we're able to move tomorrow. Pretty much all packed apart from toothbrushes, kettle etc! Removals are booked. They're aware of the precarious situation, so are going to come at 11.00 instead of 9.00 to give us time to find out what's going on. We're only moving from a 2 bed terrace so don't have mountains of stuff so he reckons packing the vans should only take a couple of hours.
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