Exchanging Whilst Abroad

MardyBum1977

Hi All, 
Just need a quick bit of advice - we were due to exchange next week with a view to completing mid march. We have been thrown a curveball though as our vendor is stuck in South Africa, and cannot/will not pay for the quarantine. We need to stick to the original timetable. Not having been in this position before, does the vendor need to physically be there to exchange? Is there any way around this to keep us on track? 

TIA 

Alter_ego

We once exchanged and completed while on a sailing yacht in France. Just gave our solicitor power of attorney for just that transaction

davidmcn

Nobody needs to be physically anywhere for any part of the process, it's more likely to be completion which may be an issue if he needs to get home to move stuff out?

ElizabethRose

Have they signed the paperwork? Have they cleared the house of belongings? I know someone who has recently sold despite emigrating to Australia but everything had been set up before they left. If the vendor still has stuff to sort they'll be very little you can do to force them.

MardyBum1977

davidmcn said:

Nobody needs to be physically anywhere for any part of the process, it's more likely to be completion which may be an issue if he needs to get home to move stuff out?

House is empty as it is an ex rental  - he just needs to move the rental furniture out. 

MardyBum1977

ElizabethRose said:

Have they signed the paperwork? Have they cleared the house of belongings? I know someone who has recently sold despite emigrating to Australia but everything had been set up before they left. If the vendor still has stuff to sort they'll be very little you can do to force them.

Not sure if they have signed the paperwork yet , but imagine this could be done by post? Also place is an ex-rental, and EA has offered to get the place cleared. 

pbartlett

contracts can be exchanged without a 'real' signature but the transfer deed must be physically signed and witnessed so allow time for the post when setting a completion date.

neither require the physical presence.

davidmcn

pbartlett said:

contracts can be exchanged without a 'real' signature but the transfer deed must be physically signed and witnessed so allow time for the post when setting a completion date.

neither require the physical presence.

Plus he can always (if he hasn't already) grant a Power of Attorney to his solicitor (or somebody else in the UK) to sign anything which crops up at short notice.

Bear in mind there are plenty of investors who buy and sell property without ever setting foot in the UK, none of this is legally problematic.

molerat

Last time I sold we exchanged and completed with me out of the country and again when buying exchanging and completing with me out of the country. 

pbartlett

yes but not the transfer deed 

davidmcn

pbartlett said:

yes but not the transfer deed 

If that's in reply to me, they can be signed by an attorney. That's pretty commonplace.