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Original poster

Contract

24 replies

Cocolocooo · 09/09/2021 20:39

Evening. I have asked this on another thread but haven't had any answers so I thought it would be best to post here instead.

Can the solicitor request the final contract from the other side before the report is finished?

Thanks!

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SocksForceFive · 09/09/2021 21:03

Yes, draft contracts are usually exchanged quite early on in the process so the solicitor can hold them on file

Original poster

Cocolocooo · 09/09/2021 21:05

Sorry, perhaps I didn't explain properly. By contract, I mean the contract which is signed during the exchange...

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Spickle · 09/09/2021 21:50

No, the signed contract is exchanged with the other side following exchange.

The report comes before that stage. The report tells you everything about the property, together with lots of documents for your perusal, signature and return. The report is to advise you about what you are buying and is your chance to either sign the documents and confirm you are ready to proceed, or if the report is very bad you can pull out at this stage.

If you had already exchanged (except that no solicitor will exchange without signed documents), there is no point in having a report because it is too late then to object to any of the information contained therein.

Original poster

Cocolocooo · 09/09/2021 22:05

@Spickle are they not able to provide the contract even if I don't sign it until the report comes back? That way when the report finally comes back the contract is ready to be read and signed. I've heard from other people that they received their contract the same time as the report... so I'm just a bit confused.

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Original poster

Cocolocooo · 09/09/2021 22:06

Thank you for taking the time to reply btw @Spickle

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Spickle · 09/09/2021 22:32

@Cocolocooo the contract will be sent with the report and other documentation for your perusal and signature.

The contract itself only has basic details because it's a document between the two solicitors, not sent to Land Registry. It basically shows the name of the seller, name of the buyer, address of the property, title number, purchase price, the box for your signature, a box for any occupiers to sign and a few special conditions which are pretty standard across all property transactions. The final signed contract will have the Fixtures & Contents form attached. All the documents you receive with the report are just as important and need to be read and understood.

I have copied a sample "contract" below so you can see what the document looks like. It's pretty meaningless without all the other documentation, hence why it's sent out with the report, not before.

Example contract here:

sherwood-solicitors.co.uk/wp-content/uploads/2015/03/contract.pdf

Original poster

Cocolocooo · 09/09/2021 22:42

@Spickle Yes, this was my understanding. I thought I would receive the contract the same time as the report but apparently the solicitor is waiting until the report is finalised to then request the contract from the other side, which is only going to slow things down. It might take a week or two for them to send back the contract so I'm unsure why they can't request it earlier on so that I receive it the same time as the report. Then if I'm happy we can talk dates I assume? Surely it makes more sense to request the contract sooner than rather later?

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Original poster

Cocolocooo · 09/09/2021 22:45

@Spickle I don't have time on my side unfortunately and it would be helpful if paperwork was requested sooner rather than later!

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Spickle · 09/09/2021 22:53

@Cocolocooo I think some wires may be crossed.

The seller's solicitor drafts the contract initially, but there are two copies of the contract. One for your solicitor and one for the seller's solicitor. They only send the signed versions to each other, once exchange has taken place.

Unless your solicitor has asked for amendments to be made, there is no need to request another copy of the contract to be sent over.

Either that or your solicitor does things in a different order.....!

Once you have the report and associated documents and have read them thoroughly, you would need to sign the legal documents i.e. contract, mortgage deed, transfer (if needed) and send them back to your solicitor.

Once the solicitor has the signed documents, it is time to discuss dates (providing all enquiries are back and satisfactorily responded to).

redastherose · 09/09/2021 23:06

Standard practice is that the Sellers Solicitor drafts the contract and it goes across to the Buyers Solicitor with the FFC form usually very early on in the transaction, the Buyers Solicitor then drafts the transfer and sends that to the Sellers Solicitor. Buyers Solicitor will also request the local search and send pre-contract enquiries. When they get all the replies back and have received the mortgage paperwork they then report to the Buyer and Buyer signs ready for exchange.

Original poster

Cocolocooo · 09/09/2021 23:08

Yes they definitely have but in all honestly they don't explain things properly. I assumed that the contract would come the same time as the report and I got so excited when he said the report would be in by the end of this week/beginning of next week as I thought we could finally discuss dates, but when I spoke to him earlier today he said that he would request the contract once the report had been completed which might be the end of next week. So it could be an additional week/two weeks before we receive the contract now. There are no further enquiries so I don't know why he can't request it sooner. ffs!

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Original poster

Cocolocooo · 09/09/2021 23:11

There is only one particular thing that needs to be in the contract which is an indemnity policy but the vendors solicitor knew about that at the start of the process, so it's not a case of them having to change or add anything in the contract either...

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Original poster

Cocolocooo · 09/09/2021 23:12

I already have my mortgage in place as well, it's all set...

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Original poster

Cocolocooo · 09/09/2021 23:15

@Spickle @redastherose

Can I request the contract via the estate agent? Or will they think I'm nuts for interfering?

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Original poster

Cocolocooo · 09/09/2021 23:25

Would be grateful of any advice. I have terrible anxiety at the moment with it all.

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Spickle · 09/09/2021 23:28

[quote Cocolocooo]**@Spickle* @redastherose*

Can I request the contract via the estate agent? Or will they think I'm nuts for interfering? [/quote]
No. The Estate Agent is not party to or involved in any of the legal conveyancing work.

Original poster

Cocolocooo · 09/09/2021 23:31

@Spickle can I speak to the vendors solicitor myself then? Or does it have to come through my solicitor? I'm on a timescale which they knew about in the beginning and I don't even have a completion date yet. I'm not sure what to do at this point, it feels like they are really dragging their heels.

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Original poster

Cocolocooo · 09/09/2021 23:32

@Spickle by speaking to the estate agent I meant asking them to contact the vendor to speed things up.

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Spickle · 09/09/2021 23:56

[quote Cocolocooo]@Spickle can I speak to the vendors solicitor myself then? Or does it have to come through my solicitor? I'm on a timescale which they knew about in the beginning and I don't even have a completion date yet. I'm not sure what to do at this point, it feels like they are really dragging their heels. [/quote]
No, you should not speak to the vendor's solicitor. You are not their client and they will probably not speak to you.

Yes, you can ask the Estate Agent to speak to the vendor.

However, do you understand that everyone has timescales and which may not necessarily align with yours? Even though you may have stated your timescale at the beginning, a solicitor will not commit to a deadline without doing the due diligence needed in a conveyancing transaction. It is very important to do the work correctly and not rush it or ignore certain aspects purely to meet a client's "deadline".

Conveyancing moves at the pace of the slowest party, therefore much patience is needed!

How long has it been since your solicitor received the draft contracts?

Original poster

Cocolocooo · 10/09/2021 00:04

@Spickle I appreciate everyone has timescales but I also made it clear to the solicitor in the beginning that I would need to complete by the end of September. He was extremely confident that it would only take 8 weeks, from offer to completion and we are now on week 8 and there is no completion in sight. Perhaps it was naive of me to believe him and he was obviously just telling me what I wanted to hear but he shouldn't make promises that can't be kept in my opinion. I'm extremely worried and for personal reasons I need to complete by the end of this month. My anxiety is through the roof with it all

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Original poster

Cocolocooo · 10/09/2021 00:07

@Spickle I will not contact the vendors solicitor, only the estate agent if needs be. So I would not be unreasonable to ring my solicitor in the morning and ask him to request the contract now and not wait until next Friday to do so?

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Spickle · 10/09/2021 00:24

[quote Cocolocooo]@Spickle I appreciate everyone has timescales but I also made it clear to the solicitor in the beginning that I would need to complete by the end of September. He was extremely confident that it would only take 8 weeks, from offer to completion and we are now on week 8 and there is no completion in sight. Perhaps it was naive of me to believe him and he was obviously just telling me what I wanted to hear but he shouldn't make promises that can't be kept in my opinion. I'm extremely worried and for personal reasons I need to complete by the end of this month. My anxiety is through the roof with it all [/quote]
Solicitors do not make promises, so if yours gave you the impression that 8 weeks was plenty of time then that was wrong. Transactions are currently taking 3 months on average - that's freehold, not leasehold.

When a conveyancing transaction first starts, the solicitor cannot know what issues and problems there might be until they have received all the paperwork necessary from the seller's solicitor and reviewed it all. Because any issues are only revealed at that point, a solicitor would be completely daft to make 'promises' on how long it will take at the start of the transaction before any legal work had commenced.

You do realise that 99% of clients want to complete by the end of September? A proportion of them will not meet that deadline.

I am sorry that you're feeling anxious about it all, but there is absolutely nothing you can do to speed it up. You really need to let them get on with it. Chasing them only hinders their progress and causes you more stress. Fridays are busy completion days for solicitors so they may not have capacity to speak with you tomorrow.

Original poster

Cocolocooo · 10/09/2021 00:27

@Spickle I will give them a ring tomorrow to ask if they can request the contract sooner than next Friday. I think that's the only way to speed it up. Thanks for your help.

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Lonecatwithkitten · 10/09/2021 07:35

Your report may generate questions and further enquiries that may affect your contract hence not asking for it yet.
Our 'report' - the search generated a list of 20 enquiries to the other side some of which may require and indemnity insurance.

My solicitor had a draft contract which was incorrect ( our names were wrong) and has highlighted this so the other side can start to prepare.
But really until the all questions are answered the nitty gritty of the contract is in the air.

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