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Mortgage offer expired

9 replies

Saanroo · 13/02/2019 19:00

Hi m looking for some advice, would anyone know if it is legal for a conveyancing solicitor to exchange contracts after my mortgage offer had expired.
All advice would be very much appreciated.

Thank you

OP posts:
MrsPatmore · 13/02/2019 19:19

Gut reaction would be no (but I'm not a legal bod). What if you can't subsequently get a mortgage but after exchange you are liable to proceed? Mortgage offers can be extended so I'd be getting on the case sharpish and not exchanging until it's all sorted.

wowfudge · 13/02/2019 19:42

Usually your solicitor also acts for the mortgage company so I don't see that they can exchange if the mortgage offer has expired without landing themselves in hot water with their other client.

Somethingsmellsnice · 13/02/2019 19:50

It would possibly be negligence though

tenapenny2018 · 13/02/2019 19:51

Don't think they will.

My ex-seller pulled out after 4 months waiting and I had to ask my lender to extend. The downside is you have to go through the finance check etc again in order to qualify. In my case, rather unusual, the lender had a cheaper! product this time around, and I managed to change to that free of charge.

Somethingsmellsnice · 13/02/2019 19:52

Has the conveyancer asked them to extend the offer period perhaps. That is quite common

Picklepickle123 · 13/02/2019 19:52

Not an expert - but I can't see a huge issue. We had a mortgage offer expire due to legal issues on the house we were buying, but nothing had changed in our financial situation so everything went ahead as planned. Is there a reason you didn't want the solicitor to exchange?

BrexitIsComing · 13/02/2019 19:55

Seems unlikely that a competent solicitor would do this. Has this happened? Can you get an extension/new offer from the mortgage company?

If the solicitor has done this, & you can't proceed due to lack of viable m/o, I'd look at claiming against the solicitor in respect of professional negligence.

wowfudge · 14/02/2019 07:30

Surely the issue is that if your mortgage offer has expired and you exchange, you are committed to the purchase but don't have the mortgage money to complete. Come back and explain what's going on OP!

Mildura · 14/02/2019 09:01

I don't think it classifies as illegal, incompetent certainly.

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