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Due to exchange next week: what happens if we go into lockdown before completion?

48 replies

maxiflump1 · 13/03/2020 14:37

As the title says we are hoping to exchange contracts next week with a view to completing 10-14 days after that. Small chain: we have first time buyers for ours and we are buying an empty property.

Starting to feel a bit anxious about how the Coronavirus could effect this process. What if DH or I develop a fever between exchange and completion? What if the country goes into lockdown after exchange and we can't get removal company? I've tried to ring our solicitors today but constantly on hold so I'm guessing lots of people have the same concerns!

Does anyone working in conveyancing or anyone in a similar predicament have any ideas what might happen??

OP posts:
VivaLeBeaver · 24/03/2020 07:45

Michael Gove talking about this now. He said if possible pause the chain but he says he knows some people will be at a stage where they can’t.

Rhapsodyinpurple · 24/03/2020 08:06

We are due to exchange soon too.
No idea what is going to happen but good luck for those with a moving date.
When we accepted the offer from our buyers, Coronavirus was a distant event and wasn't the pandemic that it is now.

stressandmorestress · 24/03/2020 08:12

I don't think people understand that people, like myself, started the buying process before this happened/blew up and are at the final stages. Some people don't really have a choice and are understandably anxious enough so the snarky comments really don't help in this situation.

LolaSkoda · 24/03/2020 08:59

Agreed. Don’t know why people would be on a property board if they don’t understand the basic principle - if you’ve already exchanged contracts and you fail to complete you likely will lose your 10% deposit.

English law didn’t have coronavirus in mind when it was developing legal principles over the last couple of hundred years.

poppym12 · 24/03/2020 09:01

Yes, @Paulinegirl60, I now (just) own a property and am due to leave my rental on Saturday. I'm not sure the landlord would be willing to extend our rental plus it would mean having to pay mortgage and rent which isn't feasible. The only thing left to do is physically move my furniture and stuff from a to b where I'd remain indefinitely as per govt guidance. I'll ring the solicitor for advice but as far as they're concerned, our case is closed as the sale went through a couple of days ago.

mrs2468 · 24/03/2020 09:49

In Scotland here so slightly different. Contracts already signed, so legally I don’t own my house as of Noon on Friday. Removal company just cancelled no idea what to do and my solicitor is seeking guidance.

TheWildRumpyPumpus · 24/03/2020 10:49

Our removals company and our vendors’ are still happy to move us. Solicitor has confirmed that as we have exchanged we are legally obliged to carry on as we are.

Our buyers have asked if we can postpone for 3 weeks but as everyone else in the chain wants to carry on, they will lose their deposit if they don’t go ahead (they aren’t actually moving, they’re buying our place as a rental)

Paulinegirl60 · 24/03/2020 11:07

Well said stressandmorestress and lolaskoda. I posted my query in good faith. I appreciate the constructive comments offered.

Paulinegirl60 · 24/03/2020 11:12

My scenario would be identical to yours poppym12. Hence trying to think round it. I don’t even have a vehicle and live alone so transporting furniture would be impossible. I think more guidance may emerge.

stressandmorestress · 24/03/2020 11:31

I'm thinking about you all in the horrible situation, it's so worrying. We were due to exchange and complete this Friday as the solicitor is ensuring it's done on the same day to protect clients against any possible penalties. Partner has been sent home from work though and is a sub contractor so we would really struggle on just my wage and seller said they wouldn't be to move if there was a lockdown as there removals weren't going to be working. It's all the unknown I keep feeling like it's all a bad dream.

maybug3 · 24/03/2020 11:43

Just to say we exchanged last week and are due to complete this thursday. Our removals and solicitors have all agreed it will be going ahead as planned but with sensible precautions such as key handovers being done between us rather than involving agents etc to limit contacts. Fingers firmly crossed here but we're expecting to move as planned on thursday.
Anyone not yet exchanged though I would absolutely advise not doing so without clear agreement what happens while moves are so difficult! Good luck everyone.

poppym12 · 24/03/2020 12:44

Our removal company has bailed. Odds of getting another one arranged now........ Migraine day.

Paulinegirl60 · 24/03/2020 13:11

So good to share on here.@maybug3, as you say solicitors are key to this. My solicitor has in fact just telephoned me to say that they are hoping for Law Society advice. One of his clients is selling a house that is rented out but tenant can’t move as is self isolating, other chains at risk because of fears re job security, others with concerns re the actual physical process. Same day exchange/ completion on any deals not yet exchanged is he says only way to proceed. Searches cannot be undertaken in our area as his application was declined saying service suspended. Insurance policies can be purchased to resolve this.

Rlw2020 · 24/03/2020 13:16

I was told by my solicitor that all removals companies are set to cancel any moves from tomorrow. We are using a van hire company who have kindly allowed me to collect today.

TheWildRumpyPumpus · 24/03/2020 14:16

My removals company were pretty adamant that they are carrying on as usual so I don’t think that’s a nationwide thing.

poppym12 · 24/03/2020 15:11

British Association of Removers have said that removals currently in progress will continue ie if your stuff has been collected today and due for delivery tomorrow but anything else booked or planned will have to be cancelled or postponed.

I've managed to get a hire van to collect later so felt a bit better then found out that my son has lost his job.

Rlw2020 · 24/03/2020 15:16

My solicitor said it was information passed on by the Law Society for removals to stop unless already packed. Best advice is to check individually and try to have a back up plan.

Rlw2020 · 24/03/2020 15:17

@poppym12 sorry to hear that. Hope your son will find another job or at least something temporary for now

poppym12 · 24/03/2020 15:30

I'm trying to stay positive but really I feel crap. During this house purchase and moving fiasco my lovely dad died unexpectedly. It was his funeral last week and we need to clear his house out too. This is shit. Yes I'm aware it's a pandemic but bloody hell, give me a break! I'll move what I can myself but I have ME so it's going to take a long time and the clock is ticking on our section 8 notice.

maybug3 · 24/03/2020 15:54

The british association of removers website says that members should only complete any moves that are underway and immediately cancel or postpone any move that has not yet started. It is evident that our collective and absolute priority now must be on ensuring the safety of the staff and customers of our Members, and of course their respective families, and so all parties must now make every immediate effort to remove the risk for mover and consumer alike at the very earliest opportunity. There will of course be many more questions asked and answers needing to be given over the next few days, but it is imperative that we react now to that very explicit instruction from the PM and we strongly encourage everyone to comply with the instructions issued by the PM, and the subsequent recommendation made by the BAR, and to keep safe and well.

Strong advice but not a mandate so some me will no doubt continue if they can. It also doesn't define a move that has started... A loose definition could be those of us who have exchanged a we are legally bound to move at that point...

Really hope my guys don't cancel on me now!

mrs2468 · 24/03/2020 16:31

I’ve just been told mine won’t proceed due to registers of Scotland not being open

user1487194234 · 24/03/2020 18:51

For Scotland Law society recommendation is not to compete any conveyancing transactions
It is because the Land register has suspended registration of title
Update due on Friday

FizzAfterSix · 24/03/2020 19:00

@Coffeeandgin24 please stop derailing the thread. If people have exchanged they have a legal obligation to complete. Stop being so obtuse and selfish.

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