When a seller accepts an offer on their property, the sale approaches its conclusion: exchange and completion. While this is an exciting period for buyers and sellers, it can also be quite stressful - a lot can happen between exchange and completion, so it's important to prepare as much as possible.
In this section, we'll talk you through exchange and completion in a step-by-step format, evaluating and advising against some of the risks involved in the process.
The difference between exchange and completion is fairly straightforward:
'Exchange' refers to the date at which the buyer's solicitor and the seller's solicitor exchange contracts. Once documents are exchanged, both the buyer and seller are legally bound to complete the transaction, with a purchase price set in stone. It's during this process, that a 'completion date' is set.
'Completion' refers to the mutually agreed completion date of the transaction. The date marks the final transfer of property ownership, where the buyer pays the exchange deposit and mortgage monies to the seller. Once the seller's solicitor confirms that they've received payment, the estate agent meets the buyer to hand over keys to the property.
The timeframe from when the buyer initially submits their mortgage application to the date of contract exchange typically spans two months. The timeframe largely depends on the speed and preparation of the parties involved.
Before an exchange of contracts can get underway, the buyer and the seller need to get their affairs in order. While both parties have certain responsibilities, buyers have much more to deal with.
Contract exchanges may encounter delays on the scheduled date due to several factors.
In a property chain, your conveyancing solicitor is required to contact the other solicitors involved in the chain. However, if any of the solicitors are unavailable or if the process exceeds the expected timeframe, your solicitor may need to commence the entire procedure anew on the following day.
If you're not in a property chain, this is less likely to happen - but a solicitor can still change the arranged date. That's why it's important to pick a firm that you trust. The best conveyancers will accommodate your dates using the latest tech.
Need more information? Check out our guide on 'How to pick a conveyancer'.
The exchange process usually takes place over the phone.
It's rare for either party to pull out after an exchange of contracts because both parties are legally bound to complete the transaction.
If you're a buyer looking to pull out after a contract exchange, it's worth remembering that you have the most to lose. Your house deposit, plus interest, could be forfeit.
Our advice - never proceed to the exchange if you have doubts about the transaction. If you do need to pull out due to unforeseen circumstances (bereavement, trauma), you may be able to negotiate on compassionate grounds, and get the seller to reduce the scale of your financial losses.
If you're a seller looking to pull out after a contract exchange, this isn't as calamitous, but you will be liable for the buyer's conveyancer and surveyor fees. It's also worth noting that future estate agents will be wary of your commitment to selling because you've pulled out at such a crucial stage.
While exchange and completion has a lot to do with solicitors, your estate agent shouldn't be idle. A good estate agent remains proactive by motivating both parties to complete the sale:
But how can you make sure you're with the right estate agent?
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While exchanging contracts makes both parties obligated to complete the sale, there are a number of things that can go wrong before completion. Let's take a look at a couple...
Unless you're selling to a first-time buyer or cash buyer (or are one yourself) your transaction is likely part of a property chain.
A chain can break for a number of reasons. For example, if a buyer further up the property chain has their mortgage offer revoked, this will have a knock-on effect on all the other parties. If a property chain breaks, everyone in the chain will find themselves in breach of contract if they're unable to complete the transaction. If this happens to you, it's important to move fast in order to prevent the worst outcome.
If the house is damaged as a result of fire, flood, or storm before the completion date, the sale must still go ahead. Who is liable for these damages depends on the terms negotiated in the contract of sale.
There's a few things you can do to prevent problems occurring between exchange and completion:
The period between the exchange of contracts and completion typically ranges from one to three weeks for most individuals, although it can extend up to two months in certain cases. There are several factors that can contribute to this extended timeframe:
In rare instances, the exchange and completion of contracts can occur on the same day.
The specific duration between exchange and completion is determined by the agreement reached between both parties during the contract exchange. It is also contingent upon the availability and coordination of all parties involved in the property chain. In longer chains, it is likely that accommodations need to be made to accommodate significant life events, such as the arrival of a baby.
Opting for a longer wait period between exchange and completion can offer certain advantages. It provides you with ample time to secure the services of a trustworthy removal company. Given that moving homes can be a stressful experience, it is crucial to allocate a sufficient window to make the necessary arrangements and bookings.
Between exchange and completion, both parties should make arrangements to meet the set date for completion.
Your solicitor should be working with your mortgage company to ensure the correct amount of money is transferred on completion day. They should also be drawing up a final statement for completion day.
Your solicitor should confirm a final redemption amount with the buyer's mortgage lender. They should also draw up a final statement for completion day.
While most homeowners work full time, Friday is generally considered to be the best day to move in. This gives homeowners enough time to unpack over the weekend and enjoy their new home.
How do you agree on a completion date?
The best way to agree on a completion date is through compromise.
There are usually two to four weeks from exchange to completion, but the more people involved in a property chain, the longer it can take to find a date that can work for everyone. The odds are that no one will find an ideal date - which means it's better to concede where possible to come to a final arrangement.
You can exchange and complete the sale on the same day, but we don't recommend it. Moving these dates together increases the possibility of something going wrong:
Our advice: Spread out those exchange and completion dates! Book your removal companies with confidence, rather than in a rush.
Failing to meet the completion date could see you in breach of the sale contract. As with pulling out of the sale, the buyer has the most to lose in this scenario.
If you're a buyer and you fail to complete, you'll be served a notice to complete the sale within 10 working days (2 weeks). This is the conditional period before contracts are rescinded. During this period, you will be liable for interest on any funds not sent through to the homeseller.
Not completing within timeframe could lead to:
The seller will be able to pursue losses if they can't sell their property for the same sale price.
If you're a seller and you fail to complete, the buyer is free to rescind the contract (unless you've already withdrawn it).
You will also be liable for:
On completion day, the property transaction reaches its conclusion! Whether you're a buyer or seller, this is usually met with sighs of relief.
Of course, there's still time for things to go wrong. One of the biggest issues on completion day is often the timely transfer of funds. If you're a buyer, your solicitor should aim to transfer payment before 3pm on Friday. Any payments after this time may not be processed until the following day, leaving completion in jeopardy.
Should everything go according to plan, the conveyancers of both parties follow a schedule like this:
Once the conveyancers have confirmed their payments, it's over to the buyers and sellers...
Yes! But speeding up the transaction is contingent on your preparation and responsiveness.
Closing a property transaction successfully is an achievement that favours the prepared. Whether you're buying a house or selling your home, covering all the bases will reward you in the long run.
When your offer is accepted by a home seller, you need to exchange contracts and agree on a completion date. Your conveyancers will contact each other (usually by phone) to exchange signed sales contracts. If you are part of a property chain, the other chain parties must exchange contracts on the same day. This is to ensure all parties are able to conclude their sale. When contracts are exchanged, a completion date is set.
The completion date is the day your house purchase is concluded. On completion day, your funds are transferred by your conveyancer to the seller's solicitor. After the buyer has moved out (usually by 1pm) you can collect the keys to your new home and start moving in.
Funds from your house sale should arrive in your bank account on the day of completion. Your conveyancer will transfer them to your account once they have been received.
Exchange is when the sale becomes legally binding, while completion is when the buyer becomes the new owner of the property, so you would own the house after completion.
You can do building work between exchange and completion by using a side legal agreement called a Key Undertaking. Home sellers will ask for a Key Undertaking if they need to get their property finished to a good standard. This can happen if the property has been vacant for a while and needs refurbishment.
If you've accepted a verbal offer on a house, you might be wondering whether it's illegal to pull out. No, offers are not legally binding in England until contracts have been exchanged. However, it’s considered bad etiquette to pull out of an offer, especially if you've received a higher offer. This is called gazumping.
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Picking the right estate agent is vital for a successful sale. GetAgent makes choosing simple. Discover the best performing agents in your area.
It takes 2 minutes.
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