Ensure vacancy before exchange and completion same day

saajan_12

BarelySentientAI said:

user1977 said:

BarelySentientAI said:

saajan_12 said:

I don't understand your comments. The contract wouldn't need to specify criteria or penalties for what happens upon exchange, as the OP would simply not exchange if the criteria weren't met. THere's no question of enforcing anything before exchange. I think you're unnecessarily confusing things. 

The OP didn't specify whether they would be inspecting the property before exchange or on the day but after exchange.

From the OP: "we can check it’s vacant on day prior to exchange"

True, but also from the OP in a different post:

"we can cancel the purchase on the day of simultaneous exchange completion if the house is actually not vacant when we inspect on the day"

Right, on the day can still be before exchange happens. 
The advice has been given, so I suggest leaving this there. 

bbbuyer

BarelySentientAI said:

user1977 said:

BarelySentientAI said:

saajan_12 said:

I don't understand your comments. The contract wouldn't need to specify criteria or penalties for what happens upon exchange, as the OP would simply not exchange if the criteria weren't met. THere's no question of enforcing anything before exchange. I think you're unnecessarily confusing things. 

The OP didn't specify whether they would be inspecting the property before exchange or on the day but after exchange.

From the OP: "we can check it’s vacant on day prior to exchange"

True, but also from the OP in a different post:

"we can cancel the purchase on the day of simultaneous exchange completion if the house is actually not vacant when we inspect on the day"

bbbuyer said:

Yes if the property is not vacant on the day before exchange we will not authorise the solicitor to proceed.
we were just wondering if there was any risk to us there or potential liability but apparently not.
(besides the risk of not completing)

No liability to the other side before exchange.

Risk to you is losing the purchase, still needing to pay your solicitor etc, and having to start searching for a house again.

BarelySentientAI said:

user1977 said:

BarelySentientAI said:

saajan_12 said:

I don't understand your comments. The contract wouldn't need to specify criteria or penalties for what happens upon exchange, as the OP would simply not exchange if the criteria weren't met. THere's no question of enforcing anything before exchange. I think you're unnecessarily confusing things. 

The OP didn't specify whether they would be inspecting the property before exchange or on the day but after exchange.

From the OP: "we can check it’s vacant on day prior to exchange"

True, but also from the OP in a different post:

"we can cancel the purchase on the day of simultaneous exchange completion if the house is actually not vacant when we inspect on the day"

bbbuyer said:

Yes if the property is not vacant on the day before exchange we will not authorise the solicitor to proceed.
we were just wondering if there was any risk to us there or potential liability but apparently not.
(besides the risk of not completing)

No liability to the other side before exchange.

Risk to you is losing the purchase, still needing to pay your solicitor etc, and having to start searching for a house again.

Yes sorry wasn’t clear. Inspect before exchanging on the day.