Solicitor not exchanging contracts on time. Any Solicitors here?

Discussion in 'UK Finance' started by poco, Jan 25, 2008.

  1. poco

    poco Guest

    Hi,

    My solicitor instructed the buyers sol to exchange on or before 25th.
    Does it happen often that the buyers solicitor, though aware of this on the
    day, does not contact the sellers solicitor and just signs with the buyer,
    takes the bankers draft deposit and then goes home for the weekend without
    exchanging?
    The buyer did not "allegedly" sign until 4 pm so it was late in the day but
    sol did not get in touch with my sol.
    My sol was very angry.
    My sol rang there sol's office but was told they were short staffed and the
    person dealing with the case had gone home and senior partner was in a
    meeting.

    Is this a likely senario or do you think there could be a problem?

    Cheers
     
    poco, Jan 25, 2008
    #1
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  2. poco

    Stickems. Guest

    There is a problem.

    | Hi,
    |
    | My solicitor instructed the buyers sol to exchange on or before 25th.
    | Does it happen often that the buyers solicitor, though aware of this on
    the
    | day, does not contact the sellers solicitor and just signs with the buyer,
    | takes the bankers draft deposit and then goes home for the weekend without
    | exchanging?
    | The buyer did not "allegedly" sign until 4 pm so it was late in the day
    but
    | sol did not get in touch with my sol.
    | My sol was very angry.
    | My sol rang there sol's office but was told they were short staffed and
    the
    | person dealing with the case had gone home and senior partner was in a
    | meeting.
    |
    | Is this a likely senario or do you think there could be a problem?
    |
    | Cheers
    |
    |
     
    Stickems., Jan 26, 2008
    #2
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  3. That does not compute. A solicitor can only be instructed by his client.

    The most your sol can do vis-a-vis the buyers sol is to tell him that if
    they don't exchange before 25th, then the deal is off. Somehow, I don't
    think that's what you want.
    None of this anger is necessary. The solicitors should have authority to
    sign contracts on behalf of their clients. Even if the seller's own
    signature is required in the end, to actually complete the conveyance,
    and the buyer's on the cheque, a failure of either party to sign would then
    be an actionable breach of contract.

    Of course the solicitor would only sign the contract on behalf of the client
    if the client had instructed their solicitor to do so, even if only orally.
    Who knows? Who has "alleged" that the buyer has signed?
     
    Ronald Raygun, Jan 26, 2008
    #3
  4. poco

    poco Guest

    Hi,
    The buyer told our estate agent they had signed but we could get no
    confimation of this from their solicitors.
    I just thought it was strange that the exchange didn't happen as our
    solicitor had asked.

    Cheer
     
    poco, Jan 26, 2008
    #4
  5. poco

    poco Guest

    It was just a problem with the deposit clearing.
    Contracts now exchanged.
     
    poco, Jan 29, 2008
    #5
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