Solicitor not exchanging contracts on time. Any Solicitors here?

Question

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. · Accepted Answer

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 | |

Ronald Raygun · Answer

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?

poco · Answer

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 · Answer

It was just a problem with the deposit clearing. Contracts now exchanged.

Solicitor not exchanging contracts on time. Any Solicitors here?

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