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Completion date cancelled due to no signed contract from vender
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The OP saidEssexHebridean said:That seems highly implausible to me - at the first hint of a signed contract having gone astray in that way, any solicitor or conveyancer worth their salt would have done the “belt and braces” thing of telling the client to sign a second one and post that as back up. The thought that anyone would just sit around hoping it might turn up is really unlikely!
My reference to 2nd October is the date the completion date of 28th October was agreed by all - So on 2nd October all partied agreed that the completion date on both properties would be Monday 28th October.
At no point did the solicitor inform us that a signed contract from the vendor was outstanding.
The seller of the house we are purchasing sent the signed document via royal mail special delivery as digital signatures were not accepted. She has since sent another copy yesterday to be delivered today.
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Indeed, we’re rather left guessing what the real situation is. However, in practise, the idea that everyone would just sit and twiddle their thumbs for best part of a month while a document remains lost is honestly extremely unlikely.🎉 MORTGAGE FREE (First time!) 30/09/2016 🎉 And now we go again…New mortgage taken 01/09/23 🏡
Balance as at 01/09/23 = £115,000.00 Balance as at 31/12/23 = £112,000.00
Balance as at 31/08/24 = £105,400.00 Balance as at 31/12/24 = £102,500.00
£100k barrier broken 1/4/25SOA CALCULATOR (for DFW newbies): SOA Calculatorshe/her1 -
Why are they bothering with the post these days anyway? Mine was sent to me electronically to sign. Took all of 3 minutes.0
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Not all solicitors work with electronic signatures - it’s still expected that the majority of cases will have wet ink signatures.
And yes, it is possible for the solicitor to sign on the client’s behalf as long as both the solicitor and the clients are happy with that.🎉 MORTGAGE FREE (First time!) 30/09/2016 🎉 And now we go again…New mortgage taken 01/09/23 🏡
Balance as at 01/09/23 = £115,000.00 Balance as at 31/12/23 = £112,000.00
Balance as at 31/08/24 = £105,400.00 Balance as at 31/12/24 = £102,500.00
£100k barrier broken 1/4/25SOA CALCULATOR (for DFW newbies): SOA Calculatorshe/her0 -
I was pushed for simultaneous exchange and completion. I asked for them to be separated and exchanged on a Friday and completed the next Monday. I didn't have moving van pressure as moving from rented and I had an overlap.Simultaneous exchange and completion is getting more and more common, though I cannot understand why everyone seems to push for it. This sounds less like simultaneous though and more than the seller has just refused to sign the contract as it sounds like you and your buyer signed yours before.
If contracts were not exchanged then unfortunately you will not be entitled to anything, the penalties and costs only apply if contracts are exchanged but completion fails, not if exchange never happens.NikkiHawk said:We’ve heard that we are not eligible for compensation since the contracts weren’t signed, but we're already out of pocket with extra fees and missed work days due to the delay.
It's not helpful to the OP as they can't go back in time and insist on exchange significantly before completion. So, I'm not sure what to say to the OP. It's as per Matt's last sentence in the quote above.
Given that completion has been missed, is it possible to ask for a separate exchange and completion date now, rather than having the simultaneous exchange and completion date just pushed back, with the risk of the same or a similar problem occurring?0 -
Simultaneous ex and comp is OK if no- one is actually moving house on that day - we bought a holiday house, the people selling had already bought another one locally and moved all their stuff and we only had a car full. Simultaneous was fine them but I wouldn't dream of doing it if small kids / removal lorries etc involved.0
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The whole situation sounds highly implausible to me.EssexHebridean said:That seems highly implausible to me - at the first hint of a signed contract having gone astray in that way, any solicitor or conveyancer worth their salt would have done the “belt and braces” thing of telling the client to sign a second one and post that as back up. The thought that anyone would just sit around hoping it might turn up is really unlikely!0
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