Signed Contract But No Closing Date

[lfeary]

Hi there
We're in a bit of a predicament in that we signed contracts for our house on 27th September in which the contract stated that we would be closing the following week. We therefore gave our months notice to our landlord and agreed to move out the end of this month.
The following week I telephoned to arrange to meet my solicitor to sign the closing contract and she informed me that we wouldn't be signing for another few weeks. I informed her that as she herself had advised us to do, we had given in our notice and were therefore out of a home as and from the end of the month. She said that as the purchasers we are in the weaker position and we have to wait for the seller to move out. Can anyone give me some guidance as to how to move things on?? My solicitor doesn't seem to be applying much force on my behalf so I was thinking of ringing the seller's solicitor myself - What do you think?
I believe that they should have checked with us if it was possible to change the closing date stated in the contract rather than just informing us that they were going to change it???

 

[Satanta]

I believe that they should have checked with us if it was possible to change the closing date stated in the contract rather than just informing us that they were going to change it???

Re: Signed Contract But No Closing Date

So was there a closing date in the contract or not?
"the contract stated that we would be closing the following week." If a date was specified in the contract then your solicitor should be pushing to ensure this date is adhered too by the seller. The information given appears to be contradictory?

 

[lfeary]

Yes the contract stated that we would close on 3rd October and when I rang my solicitor on the day she said that there was a delay and that we wouldn't be signing for a few weeks....

 

[mf1]

Closing dates tend to be aspirational only. There should be a nominated closing date in the contract but that often passes. Bit of a bugger I know but in practice tends to be the way.

As a rule I try to get a clear commitment/understanding from both vendor and purchaser at an early stage to a fixed date because of course both sides need to know when the deal will close, the vendor moving out and the purchaser moving in. However, because ( until recently when everything started to stall) purchasers would lie about their readiness to complete and vendors would go with them on that basis, and then of course the purchasers could not complete, we then have to do a full appraisal of when and if we can realistically complete the deal .

"My solicitor doesn't seem to be applying much force on my behalf so I was thinking of ringing the seller's solicitor myself - What do you think? "

They won't take your call - you have legal representation. Talk to your own solicitor about trying to fix a realistic date with the vendors that will be adhered to.


"I believe that they should have checked with us if it was possible to change the closing date stated in the contract rather than just informing us that they were going to change it???"

It would at the very least be good manners but they are seldom seen anymore.

mf


I believe that they should have checked with us if it was possible to change the closing date stated in the contract rather than just informing us that they were going to change it???