Can I get compensation for delayed completion?

Yes. It will be a contractual term of the contract as to when completion takes place. It is therefore a breach of contract if it does not. Normally the contract will provide a remedy and say who pays what in the event of a delayed completion. This is normally interest on the sum paid and any reasonable expenses incurred (such as temporary accommodation or subsistence).

Is there a penalty for late completion?

No, there is not a “penalty” for late completion. “Penalty clauses” are a specific thing in law and are generally unenforceable. However, the contract will normally specify a financial remedy for the aggrieved party. If not, a claim for damages based on normal contractual principles relating to a breach of contract would apply. This is that losses which are reasonably foreseeable at the time of exchange of contracts can be claimed.

What happens if completion is delayed by the buyer?

If it is solely the buyer’s fault that there is a delay, normally, the first thing the seller will do is serve a notice to complete. If that notice period expires, it then gives the seller the option to rescind (i.e. withdraw) from the contract and keep the deposit. In addition, the contract will normally say that the seller is entitled to claim their reasonable losses and interest calculated by reference to the purchase price, less any deposit paid until completion takes place or the contract is rescinded.

What happens if completion is delayed by the seller?

If it is solely the seller’s fault that there is a delay, normally, the first thing the buyer will do is serve a notice to complete. If that notice period expires, it then gives the buyer the option to rescind (i.e. withdraw) from the contract and get back the deposit paid with accrued interest. In addition, the contract will normally say that the seller is entitled to claim their reasonable losses and interest calculated by reference to the purchase price, less any deposit paid until completion takes place or the contract is rescinded.

The buyer is delaying exchange of contracts. What can I do?

This will depend on the circumstances. Whilst serving a notice to complete on the seller is generally the first thing that can and probably should be done, it is a fairly unpleasant thing to do and can cause contention. Asking you solicitor to speak to the buyer’s solicitors and find out what is happening and the cause of the delay is worthwhile doing, as it might influence your decision.

Why is my solicitor not releasing funds after my house sale?

The basic position is that a solicitor should release funds to their client as soon as possible but there could be any number of reasons for not doing so. For example, the proceeds of sale might belong to the estate of a deceased seller, and the estate is yet to be finalised and distributed. It might be that there is a dispute between co-owners about the funds and who should get what, in which case the solicitor might have received conflicting instructions as to which of their clients receive what proportion of the proceeds of sale. It could be that a retention of some sort was agreed for something. This is not uncommon in leasehold property where service and other charges by the landlord are not certain at the point of completion, so the parties might agree that a certain sum be held back in one of the solicitor’s account until that figure is clear, at which point it can be sent to the seller after deduction of any such charges.

What can hold up the exchange of contracts?

Lots of things can hold up the exchange of contracts. The basic position is that the buyer will want to be satisfied as to what they are buying, so they will tend to ask questions and make enquiries of the seller. These do take time to respond to. The parties might be relying on third parties for something. For example, a mortgage lender to confirm that they are prepared to proceed further, the results of a formal search about the property which has yet to be sent back to the buyer, a variation of a particular lease term in a leasehold transaction. There is sadly no shortage of things that can happen and whilst the seller will generally be keen to proceed, especially if they have a linked transaction, the buyer will not exchange contracts until they are certain that they want to buy the property and are able to proceed.

What happens on remortgage completion day?

The solicitor would confirm to their mortgage lender client that the property has a good title to lend against by sending what is called a certificate of title (although this generally happens in advance of completion), the funds will then be remitted to the solicitor, who will also generally lodge an application at the Land Registry to register a charge against the title to the property and then the funds would be remitted to the solicitor’s client after payment of their legal charges.

Will my solicitor tell me when we exchange contracts?

Absolutely. In fact it is important to agree dates for exchange of contracts and completion with all parties, as a lot of the time, they are in a chain and will have linked transactions. For example, a buyer might also be selling a property in order to fund their purchase of your property, and you might be selling your property in order to purchase a new one.

Why do solicitors take so long to exchange contracts?

This is a subjective question but ultimately, exchange of contracts will only take place once the buyer is satisfied that they are happy to proceed and a seller is ready to do so.

Delayed completion? Your Costs, Compensation & Legal Remedies

Sep

Delayed completion? Your Costs, Compensation & Legal Remedies

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