Contracts are usually exchanged by both solicitors reading out the contracts over the phone (which is recorded by both of them) to make sure the contracts are identical. The contracts are then immediately sent out by them to one another in the post. This is known as exchange.
What actually happens at exchange of contracts?
Exchange of contracts is when the two legal firms representing the buyer and seller swap signed contracts, and the buyer pays a deposit. At this point, an agreement to buy or sell a property becomes legally binding: once the buyer and the seller have exchanged contracts, they can’t back out of the deal.
How long does it take a solicitor to exchange contracts?
How long does it take to exchange contracts? It usually takes around eight to 12 weeks to reach the point where you’re ready to exchange contracts. The actual process is quite speedy, requiring a phone call between the buyer’s and seller’s solicitors.
Will my solicitor tell me when we exchange contracts?
The most common method is by telephone. Once satisfied that everything is in order and mortgage instructions from your lender have been received, your solicitor will call the seller’s solicitor to exchange contracts. … You will be notified by your solicitor of exchange. Check your buildings insurance is in place.
What day do solicitors exchange contracts?
You usually exchange contracts between 7 and 28 days before completion – although you can exchange contracts on the day of completion (see below).
Can anything go wrong between exchange and completion?
Another thing which could go wrong between exchange and completion is that you could lose your job. If you lose your job between exchange and completion you should inform your mortgage lender as soon as possible. keeping this information away from them could be classed as mortgage fraud.
What can hold up exchange of contracts?
There are a number of things that can hold up the exchange of contracts. These include, but are not limited to: … Slow Buyers Or Sellers – Sometimes it’s the buyers or sellers holding up the process (deliberately or otherwise) by not providing information or signing contracts promptly.
Who decides completion date?
The date of completion is one that is agreed by both parties prior to exchange, commonly one or two weeks later. It is the date on which full payment is made to the seller, ownership transfers to the buyer and moving day takes place.
Who holds the deposit on exchange of contracts?
The deposit is paid to the seller on exchange of contracts as part payment of the purchase price. A request for a deposit over 10% should be questioned as it may not be legally enforceable because it amounts to a penalty on the buyer.
Why is there a gap between exchange and completion?
Why is there a gap between exchange and completion? It is time for both parties to finalise the purchase without any future problems; they have time to get everything in order before completion.
What happens if a seller pulls out after exchange of contracts?
If a buyer pulls out after exchange of contracts, then the seller can rescind the contract and keep any deposit paid. They can also resell the property and claim damages.
How long does exchange of contracts take with no chain?
If there is no chain involved in the buying process, you can normally expect to complete within approximately three months.
What happens if a seller pulls out before exchange of contracts?
Property chains break when either a seller or buyer pulls out before exchange. This could be a pulling out of either a sale or a purchase, and can very easily cause sales along the entire chain to fall through – unless their position in the property chain is replaced by another party.
Can you exchange contracts without a completion date?
Yes, exchange of contracts can’t take place without a completion date agreed. At the point of exchange, the deal becomes legally binding and everyone must complete on the agreed date.
Why do buyers pull out?
If the property survey identifies any areas for concern, or if the buyer decides that the property is worth less than the price initially offered for any other reason, they may attempt to renegotiate the price. If you are not happy to lower the price to a level they deem appropriate, the buyer may pull out of the sale.
What’s the difference between exchange and completion?
The main difference between exchange and completion is that the ‘exchange’ is an exchange of contracts, which makes the matter legally binding between the buyer and seller, whereas ‘completion’ is the date the parties physically move and transfer legal ownership of the property.