conveyancing end completition date

[tali122]

in conveyancing should the agreed date by both parties for end completition be in writing and (signed?) or can it be done orally, i ask this as i gave a very provisional date and suddenly my solicitor informs me without any prior consultation, notification , advice or warning on the actual provisional date that the keys to the house are mine -trouble is i would expect my solicitor to contact me and say this is the agreed date -prefably with at least 3 -4 weeks notice as i need to contact utiities , banks, etc in advance and also i have to give my landord a months notice - so because of this error im paying a mortgage and also rent -is the solicitor at fault for this(the solicitor claims the other side were in a hurry to end complete BUT they didn;t contact me to agree a date!)
What is the legal situation can i get compensation ?

[Eve]

How did you tell your solicitor and make it clear it was provisional?

When did contracts exchange or did your solicitor exchange and complete simultaneously?

How did documents get signed, contract, mortgage deed (if financed that way), transfer etc... and when did they ask for completion monies etc...ie by letter or appointment.

Did they ever give you any indication as to when completion was scheduled (in their opinion) ie in letters, face to face or in documents.

Usually what would happen is that the date is agreed via the parties, often through correspondence between their conveyancers and once contracts are exchanged the date is legally binding unless an agreement can be reached between the parties to waive it.

Any work should be done on your instructions and authority. It's difficult to advise not knowing the whole situation and seeing correspondence and documentation. I'd suggest, if you've already spoken to your solicitor, that you speak to the Law Society Complaints Service and get their advice.

http://www.lawsociety.org.uk/choosingandusing/ redressscheme.law

[tali122]

thanks jenna i dealt with my solicitor via phone and post -there were plenty of documents -but there nothing to specically state a mutually agreed end completition date either by letter or orally
for info as soon as my deposit cheque was cleared - i got the keys -this was certainly NOT my instructions - and mortgage kicks in
i do not think this is right - can i stop the process for a couple of weeks?(been told once keys are handed it is too late -is this true?)

[shero101]

Tali, nothing is binding until the contracts are exchanged. Has this happened yet ? Your solicitor would have called you to their office to sign and explain the process clearly. He would also discuss with you a provisional date for completion which would be agreed by all parties. Are you confused 'exchange' with 'completion'. You'd be better off getting on the phone to your solicitor to get things cleared up.

[tali122]

thanks , contracts have been exchanged , the solicitors letter final paragraph stated that "if a specified date is not given they will end complete 5 woking days from reciept of contracts" -i did not give a specified date , BUT the previous page of the letter highlighted explicitly in bold(the only words highlighted anywhere) is that "the mortgage lender will not release funds until i provide evidence of house insurance" - i did NOTprovide any house insurance and i expected this to be the next process after my deposit cheque had cleared where i then expected my solicitor to contact me requesting house insurance details - i relied heavily on the house insurance statement -remember no house insurance - no mortgage - but my mortgage has started regardless of this and at a time highly unsuitable to me

[themas]

You need to go back to your solicitor and ask why the paragraph about house insurance was ignored. But it looks as though you did not query the final paragraph when you should have done if you did not want completion so soon - after all, that para. is quite explicit and I don't think it could be interpreted as being something that was overruled by the reference to house insurance.

What is the position with house insurance? Has the mortgage lender set up a policy with their own insurer? If there is not one, it is clearly very urgent for you to get one.

[tali122]

the house insurance paragraph was the only one highlighted, and no the mortgage lender have not arranged any house insurance - and neither have i ( i have quote ) - therefore mortgage should NOT have started - but inexplicably has