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Exchange

14 replies

mumofone1980 · 22/06/2022 09:29

Can I just ask a question as I am having NO luck with solicitor or EA answering this.

Do all parties need to be available on day of exchange to take a call for it to go ahead?

I hope this makes sense, we are a chain of 3 and 2 of us are available Friday and top of the chain has said they wont be available so I am assuming it yet again wont go ahead.

Thanks in advance.

OP posts:
SpidersAreShitheads · 22/06/2022 09:40

This site from the Law Society suggests it’s the solicitors who do the call and no reference of you needing to be available if I’m reading it right? www.lawsociety.org.uk/en/topics/property/formulae-for-exchanging-contracts-by-telephone

I have no personal knowledge of whether that’s correct though, sorry.

mumofone1980 · 22/06/2022 09:44

SpidersAreShitheads · 22/06/2022 09:40

This site from the Law Society suggests it’s the solicitors who do the call and no reference of you needing to be available if I’m reading it right? www.lawsociety.org.uk/en/topics/property/formulae-for-exchanging-contracts-by-telephone

I have no personal knowledge of whether that’s correct though, sorry.

Thank you for that, its really helpful.

OP posts:
livelyoasis · 22/06/2022 10:00

When I moved last year, our solicitor had to speak to both me and my husband on the day to get our authority to exchange. She would not do it without that. We asked about pre authorising her, as my husband is hard to get hold of at work but she said it was not allowed.

mumofone1980 · 22/06/2022 10:04

livelyoasis · 22/06/2022 10:00

When I moved last year, our solicitor had to speak to both me and my husband on the day to get our authority to exchange. She would not do it without that. We asked about pre authorising her, as my husband is hard to get hold of at work but she said it was not allowed.

Oh blimey! Its not looking hopeful then, the deposit also isnt going down the chain as the top of the chain is moving into a new build and our buyer wont let them release the deposit to the developer so our seller is having to stump that and I assume if hes not around to do that its looking impossible!

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BalanceNotSymmetry · 22/06/2022 11:27

We had the same issue when we exchanged in May. The solicitor had to speak to both of us on the phone on the day to ask us if we were happy to exchange that day. The problem being that whilst I have access to my phone at work, my partner doesn’t and also has absolutely no signal even if he did have access to his phone. I managed to get hold of him eventually by calling the office number and they had to go find him and ask him to call the solicitor, but I feel like I could have asked my brother or a colleague to pretend they were him and the solicitor wouldn’t have known either way 😂

40somethingx · 22/06/2022 11:32

BalanceNotSymmetry · 22/06/2022 11:27

We had the same issue when we exchanged in May. The solicitor had to speak to both of us on the phone on the day to ask us if we were happy to exchange that day. The problem being that whilst I have access to my phone at work, my partner doesn’t and also has absolutely no signal even if he did have access to his phone. I managed to get hold of him eventually by calling the office number and they had to go find him and ask him to call the solicitor, but I feel like I could have asked my brother or a colleague to pretend they were him and the solicitor wouldn’t have known either way 😂

Thats a good point Ill maybe tell sellers wife to put on a gruff voice ha ha!!

Honestly I cant believe we were going to exchange Friday as the seller has been pushing and pushing and now he is unavailable!

Its so stressful x

hedgehoglurker · 22/06/2022 12:08

It was 2 years ago, but our solicitor was happy for me to either call or email her on the morning of exchange to confirm, so I emailed at 9am. (It was actually a simultaneous completion and exchange, as during the first lockdown.)

Butitsnotfunnyisititsserious · 22/06/2022 12:10

I had to be available on the day, mine was an email asking for my authority to exchange. If I hadn't replied, they couldn't do it. Can't the other person have access to email on the day?

mindutopia · 22/06/2022 13:41

I think they just need to check in with you. Mine did via email, not verbally on the day. What could they possibly be doing that means they can’t take a call or respond to an email at any point during an entire day? Unless you are on a long haul flight with no WiFi or undergoing an 8 hour operation under GA, surely nearly everyone can find 5 minutes for a phone call at some point during the day. If they’re a couple, surely they can’t both be busy all day. Our solicitor never spoke to Dh at all.

40somethingx · 22/06/2022 14:24

Butitsnotfunnyisititsserious · 22/06/2022 12:10

I had to be available on the day, mine was an email asking for my authority to exchange. If I hadn't replied, they couldn't do it. Can't the other person have access to email on the day?

He can but I think hes being awkward! Hes been pushing and pushing for exchange and because my buyers solicitor has been so SLOW, I think this is his bit of payback! Its sould destroying I will never move again 😫

40somethingx · 22/06/2022 14:25

mindutopia · 22/06/2022 13:41

I think they just need to check in with you. Mine did via email, not verbally on the day. What could they possibly be doing that means they can’t take a call or respond to an email at any point during an entire day? Unless you are on a long haul flight with no WiFi or undergoing an 8 hour operation under GA, surely nearly everyone can find 5 minutes for a phone call at some point during the day. If they’re a couple, surely they can’t both be busy all day. Our solicitor never spoke to Dh at all.

He is on a day trip with his son 🙄

CatAndHisKit · 22/06/2022 20:52

Mine had just emailed me for permission when selling (she's generally been v laid back!)

RidingMyBike · 22/06/2022 21:00

The solicitor had to speak to one of us just before exchange took place to confirm we definitely still wanted to go ahead. I was in a meeting so couldn't answer phone but DH took the call and it was fine.

40somethingx · 23/06/2022 08:55

Thank you so much, I am hoping we will be ok for tomorrow!

We just have a issue to resolve with the deposit!

I am never moving AGAIN x

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