Completion suddenly imminent and not ready

[YouAreMyRain]

I sold my house back in July to a cash buyer (I'd already relocated into rented) and things have been very slow.

A few weeks ago we got the survey back which valued it lower than the agreed price so I agreed to a reduction.

I've sent all the paperwork to the solicitors weeks ago.

Yesterday I got a phone call from my solicitors talking about completing next Tuesday! I said no because I've still got some stuff left to clear out of the loft and sheds etc (I'm a single parent living in a different city) I said the week after would be fine. Solicitor was supposed to get back to me today but didn't.

Earlier today I got a call from the estate agents saying that the buyer's solicitor told them weeks ago that completion was agreed for next Tuesday (16/10) and that the buyer has nowhere to live as of Tuesday (buyer is relocating from two hundred miles away) but I've only heard about it yesterday.

I'm so stressed now. There's no way I'll have it cleared and cleaned by Tuesday and this poor buyer has nowhere to go.

Im guessing that my solicitor is hugely in the wrong for agreeing the completion date without telling me! What can be done?

I'm not a conveyancer but just sold my flat and my permission was explicitly sought and had to be agreed verbally before my exchange and completion date was agreed. So I am sure your solicitor is hugely in the wrong. You can probably agree something via the estate
agents though, re letting buyer move in and then clearing out? It's in everyone's interest to sort it out.

buyer's solicitor told them

You have no responsibility for what the buyer's solicitor (according to the estate agent) told them.

Are you assuming it was true?

Until contracts have been exchange, the completion date is not fixed, and in fact may never happen at all.

@PigletJohn yes, it's just strange that everyone else was planning for Tuesday when I'd not even begun discussing possible dates with my solicitor

Have you already exchanged?

@igglypiggly I can't bear the thought of them moving in with my stuff still in there, I'm by myself so it would have to be me physically getting it and the idea of doing that when they are there fills me with dread

@Meandyouandyouandme I don't think we've exchanged. Should I know? The last contact I had with my solicitor before yesterday was three weeks ago, routine stuff like last boiler service, queries about party wall agreement etc no mention of any dates for exchange or completion. Could exchange happen without me knowing?

Sorry to sound dim but last time I sold was fifteen years ago and I had a husband to discuss and agree stuff with. I feel really in the dark this time around

I wouldn’t have thought so as your solicitor should make sure you are happy with the completion date, which is agreed at exchange and cannot be changed without heavy penalties. I’ve moved several times and the completion date is made very clear. Have you signed a contract?

I received the contract in the post today, I've signed it and need to return it. Even if I return it tomorrow the solicitor won't get it until Monday, which is cutting it fine for a Tuesday completion

The dates are all blank on it with "don't write the date" written on in pencil

Sorry I don’t mean to scare you with saying there’s heavy penalties for not completing, but it’s to emphasise that you should be made well aware of the completion date by your solicitor.

@Meandyouandyouandme would I know if we had exchanged? Can we exchange before contracts are signed?

Right, so you’ve not exchanged, they always leave the date blank as that will be decided between the solicitors, according to yours and your buyers wishes. Your buyer was silly to make such arrangements before exchange. He’s unlikely to pull out if it doesn’t go ahead Tuesday, so I’d speak to your solicitor in the morning and see what they say, but I don’t think you need to panic.

No!

If you haven't signed the contract you haven't exchanged. Buyers often suggest completion dates that are unachievable. Mortgage monies have to be ordered around a week in advance. Just say no. It's not your responsibility or your solicitors that the buyer is in this situation. The buyer shouldn't make any firm moving plans until exchange.

No exchange hasn’t happened if you haven’t returned the forms. It’s a legal contract that you haven’t submitted yet, so you’re not legally binded to next Tuesday.

@Iscreamforbenandjerrys it's a cash sale so no mortgage involved

Thanks everyone

You have a seriously cheap solicitor. Exchange does not happen until all queries answered.and.everything confirmed, .and only.then is completion date set. Leave two weeks between the two to allow.post redirect , comms and removal arrangements.

Without even your signature on the contract it isn't happening on tuesday!!

Get.on the phone.and do not get off it until you are clear what is happening. Your solicitor should explain it all but it sounds like you have an arrogant hair flicker.

Surely the completion date isn't finalised until contract exchange so your buyer is in the wrong for booking and planning their move before the date was confirmed.

That said if you want to keep him (and I would do anything to hang on to a cash buyer) I would get my bum in gear and be out asap. Pending exchange before booking movers though.

Don't attempt to move on your own - the cost of a full packing service is not that much on top of removals.

Not cheap solicitor, CRAP solicitor!

Like this website.

After launching two barrels into my solicitor on the phone this morning, she checked the files and got back to me and it was the buyers solicitors who seem to have messed everything up.

Apparently my solicitors received a letter from them on Tuesday 9/10, dated 5/10 saying "let's go for 16/10 as suggested" but no one will admit to suggesting 16/10! That was the first correspondence between solicitors about dates and mine rang me the next day

Have you apologised for launching two barrels when it appears that actually they have not done anything wrong? And that your buyer picked a date that their lawyer and agent failed to pass on any earlier?