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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Changing completion after exchange?

22 replies

FoodFann · 01/09/2023 11:33

We exchange today, and pay the deposit. Then someone in the chain says we have to push completion back a week. This isn’t on, surely?!

OP posts:

MarshyMcMarshFace · 01/09/2023 11:43

Well, up until you have actually exchanged it is all up for grabs.

You could try saying no?

What is their reason?

BranchGold · 01/09/2023 11:44

You say ‘after’ exchange, but which came first? The signing of contracts, or the change of dates?

Twiglets1 · 01/09/2023 11:45

Once you have Exchanged, I don't believe the date can be changed.

Before Exchange it obviously can be up until the last minute.

Original poster

FoodFann · 01/09/2023 12:02

We’ve signed the contract yesterday. Paying deposit today. We’ve exchanged. Now they’re moving the completion because ‘they can’t get a moving van!’ Ludicrous.

Thank you for your help, is it actually illegal to change completion after exchange?

OP posts:

Dotjones · 01/09/2023 12:03

It's not "illegal" in the sense of being a criminal offence but you could sue them for breach of contract and any reasonable additional expense it causes you.

ThisMustBeMyDream · 01/09/2023 12:05

Doesn't sound like you have exchanged yet. So unfortunately they can...
My sellers seller tried this yesterday. We all said no, so she had to suck it up and we are exchanging and completing next weds as planned.

Uterusbegone · 01/09/2023 12:08

You've signed the contracts and paid the deposit but has the 'exchange' actually happened between the solicitors?

NeedToChangeName · 01/09/2023 12:10

I don't understand your post. It's unclear if you have exchanged contracts already or not

But if you have, then both sides are contractually bound

So, are they entitled to change the move date? No

Is it illegal / a police matter? No, it's a civil breach of contract

If they don't move on the date they've committed to, then you could pursue them for additional costs you incur as a result eg staying in a hotel until you can move to the new house, paying to store your furniture for a week etc

Original poster

FoodFann · 01/09/2023 12:18

Thank you so much, I am naive about all this. I thought signing was exchanging, but perhaps we haven’t exchanged yet.

OP posts:

ethelredonagoodday · 01/09/2023 12:19

If you have actually exchanged contracts and the completion date has changed subsequently to that, then you could ask for reasonable costs incurred as a consequence I think. I'm not a solicitor, but have dealt with a couple of house sales/purchases in recent years and the whole system is utter crap!

IhearyouClemFandango · 01/09/2023 12:20

Not all that unusual in my experience, we have quite often exchanged and then set completion. Initial convo would be "complete in a week" or whatever and then exact day set once everyone has removal vans etc.

caerdydd12 · 01/09/2023 12:20

FoodFann · 01/09/2023 12:18

Thank you so much, I am naive about all this. I thought signing was exchanging, but perhaps we haven’t exchanged yet.

Usually in my experience the solicitor will phone you and explicitly get permission to exchange "today." So if all you've done is sign the contracts you probably haven't actually exchanged yet.

ethelredonagoodday · 01/09/2023 12:21

We signed our contracts several weeks before in anticipation of exchange . When you exchange the solicitors should tell you clearly that you have exchanged contracts. Your deposit will then be drawn down.

GP78 · 01/09/2023 12:22

If you've paid the deposit you should have exchanged 🤷‍♀️

LeaW · 01/09/2023 12:23

most solicitors get you to sign well before exchange and it just sits waiting. You will normally get exchange e-mail confirmation from your solicitor once all is done.

Maltaw · 01/09/2023 12:24

GP78 · 01/09/2023 12:22

If you've paid the deposit you should have exchanged 🤷‍♀️

Maybe OP means she's forwarded the deposit to her Solicetors.

gogomoto · 01/09/2023 12:26

The exchange may not have happened yet and even if it has, it's possible to alter dates with everyone's consent. Compensation is payable potentially if you don't complete on time but it sounds like the exchange hasn't actually happened yet

GrimGrinningGhosts · 01/09/2023 12:31

DD has exchanged this week.

Contracts were signed about three weeks ago and sent via registered post to a solicitor at the other end of the country (preferred conveyancer apparently). Seller returned his via same method.
she was called on Monday morning to ask permission to exchange. It didn’t happen for some reason. Another phone call on Tuesday to ask permission but again it failed to go through due to a hold up somewhere. Finally after Wednesdays phone call exchange was done with a completion date set for the 4th.

you should have to give express permission to exchange as said above.

Twiglets1 · 01/09/2023 12:31

FoodFann · 01/09/2023 12:18

Thank you so much, I am naive about all this. I thought signing was exchanging, but perhaps we haven’t exchanged yet.

Signing is not Exchanging. You can sign the forms several days before your solicitor Exchanges.

You seem confused so I would phone your solicitor to discuss.

caringcarer · 01/09/2023 13:07

FoodFann · 01/09/2023 12:02

We’ve signed the contract yesterday. Paying deposit today. We’ve exchanged. Now they’re moving the completion because ‘they can’t get a moving van!’ Ludicrous.

Thank you for your help, is it actually illegal to change completion after exchange?

This, they should have provisionally booked the removal van a few weeks ago. They could try a different company.

itsallnewnow · 01/09/2023 13:49

It's annoying but it doesn't sound
Like you've actually exchanged!! It happens after you sign and return contracts AND after paying money to the solicitor. They phone specifically about it usually

MarshyMcMarshFace · 01/09/2023 14:02

The contract states the day of completion as part of the legally binding conditions. So no, once contracts have been exchanged no one in the chain can change the date and if they renege in any of the conditions they can be subjected to expenses to their buyer or vendor, and potentially lose their deposit.

However you have not Exchanged / entered into the legally binding contract until all the solicitors officially exchange your signed contracts with each other and send the deposits down the wires. Your solicitor holds your signed contract and deposit until all the solicitors press ‘go’ on the exchange.

Until that moment anyone in the chain can play silly buggers. As you have found.

Estate Agents can often be v helpful in solving issues like this and know local removals who might be available at short notice. Or persuade the person to move all their stuff out a couple of days earlier into storage and then move in a day or so after completion. But that will increase their costs no end.

Good luck OP, I hope it has been sorted out.

Flip