Different solicitors for sale and purchase - how to ensure exchange happens on the same day

BSW89

Hi all, 

I have an older relative who is using a different solicitor for the sale and onward purchase (it's complicated!).

The solicitor for the sale has made several errors and we are concerned about the risk she will exchange contracts for the sale without confirming the solicitor acting for the purchase is also ready to exchange on the same day. For example, she is asking for authority to exchange today despite being told the purchase solicitor is out of office today.

I am concerned my relative could exchange contracts to sell her existing property but then her onward purchase falls through (there are already jitters in the chain) and she will have nowhere to live.

Am I worrying too much - it is surely a matter of course that a solicitor wouldn't exchange contracts until they know the whole chain is ready on that day? Obviously this has been emphasised repeatedly in writing to the solicitor but we're just not confident it's being taken on board. 

Any advice please? Thank you!

eddddy

BSW89 said:

Am I worrying too much - it is surely a matter of course that a solicitor wouldn't exchange contracts until they know the whole chain is ready on that day? Obviously this has been emphasised repeatedly in writing to the solicitor but we're just not confident it's being taken on board. 

Yep - you're probably worrying too much.

As you say, solicitors are used to dealing with chains with lots of other solicitors involved, and they have robust processes to make sure that every link in the chain exchanges and completes at the same time.

Your relative has really just introduced one extra link in the chain, with one extra solicitor involved.

user1977

As above, it's just a (marginally more complex) chain. The solicitors talk to each other.

RM_2013

We are in a similar position as we sold through Purplebricks and deferred the sale fee which mean we were tied into using their conveyencers.  I then googled reviews on the solicitors allocated to us and the reviews were really poor so we decided to use a local solicitor for our purchase (they were also cheaper and came on a personal recommendation ) so we’ve added an extra link to the chain but we’ve let all parties know who is dealing with what so I’m hoping all goes to plan!! 

Hope all goes well with your relatives sale and purchase 

BSW89

Thanks all! She has now had confirmation of the exchange on the purchase from that solicitor (2 hours ago), but no word from the solicitor acting for the sale yet and it's now getting quite late in the afternoon. Hopefully we'll get confirmation soon.

BSW89

It's now 7.45pm and she's not received anything from the solicitor acting for the sale of her current property confirming exchange! So she's exchanged on her onward purchase but possibly not on the sale of her current house. Apparently she emailed at 5pm but didn't get a reply (I've no idea why she didn't just call them).

I read somewhere that if exchange doesn't happen across the whole chain on the same day then it all has to be repeated again the next day - is that true? Or is she now in the situation where she's exchanged on the purchase but not the sale??

I can't understand how this could have happened given she'll require deposit money from the sale for her purchase deposit. 

eddddy

If she gave the go ahead for exchange, I think it's probably fair to assume that the solicitor followed those instructions.

As far as I recall, when I've instructed a solicitor to exchange contracts, they don't phone me back to say they've done it.

But if there was a problem, and they couldn't follow my instructions and exchange contracts, then I would expect them to contact me.

[Deleted User]

I agree, they don't let you know each step they make because they're dealing with numerous other cases (not all conveyancing) covering all subjects.
Let the process play out, this isn't something you have control over.

loubel

I would disagree and say it would be unusual for a solicitor not to tell you when exchange has taken place. Has your relative spoken to their sale solicitor today to clarify?

pinkteapot

loubel said:

I would disagree and say it would be unusual for a solicitor not to tell you when exchange has taken place. Has your relative spoken to their sale solicitor today to clarify?

Agree. I'd have been phoning them first thing this morning (actually, I'd have been phoning them as soon as I'd heard I'd exchanged on the purchase!). 

It's probably fine, but worth confirming. 

babyblade41

A solicitor will always confirm with you beforehand whether you give consent to exchange... then a curtesy email / call to inform you that exchange took place etc etc.

I'm not sure why a solicitor would allow exchange to happen unless everyone through the chain was ready