Completion date adjustment

myoption

Hi, so here's the story:
My solicitor asked me to sign and return a contract agreement which feat. a completion on notice (14 days after the notice is issued) and a long stop date (Dec 31).
Now the building/apartment is nearing practical completion so she said once we're notified of it (this week potentially) she will try and make seller (developer) pin down the concrete completion date rather than "on notice" before exchange. This should also potentially make the long stop date not applicable (since it's too far away and doesn't work for us).
My concern is she wants me to sign and return the papers now (with active on notice and long stop clauses) and the above amendment (pinned completion date and long stop removal) will be done on her own. When I asked her do I need to re-sign the amended contract/lease agreement she said "no, because I'll be acting on your behalf while doing these changes". How does this work from legal stand point of view? I was under impression I would have to authorise any changes to my contract with my own signature. Or can it be done they way she mentioned and there's no risk for me?

Kyresa

You send the documents back.    The seller says they are ready to exchange. 

There are two scenarios

(a) Your solicitor rings you and asks you to confirm you are happy to proceed on the basis of the contract terms.   You agree with your solicitor that you are happy to exchange.  Your solicitor then exchanges.  The exchange is done on the basis of the clauses you mention.  When the seller is ready, they will serve a notice to complete.   You have 14 days maximum in which to complete.   If no notice is served by 31 December, you have the right to withdraw from the contract.

(b) IF the seller can give a concrete completion date, the notice to complete and log stop terms are simply deleted from the contract (by crossing them out) and a completion date is inserted instead of a long stop date.   


You really do just need to sign the contract as it is.   It prepares for either eventuality.  Your solicitor will not exchange without discussing it with you first.

eddddy

In your position, to make sure there is no confusion, I'd sign and return the contract with a covering letter saying something like:

As requested, I enclose the signed contract stating 'completion on notice'. However, as discussed, I hope that the seller will agree to change this to a fixed completion date before exchange of contracts. Therefore, please confirm this point with me before proceeding with exchange of contracts.

myoption

Brilliant, guys! Just what I wanted to hear. Thanks a lot for your help!