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Common Q and A

So here are some common Q&A that may assist

Q   

I have exchanged contracts and am worried that if there is a lockdown I will not be able to move into the property I am buying.

A  

The starting point is that you are legally obliged to complete ( move ) on the agreed date. If you fail to do so there are serious financial consequences to face. Do keep in mind that at the time of writing, according to the latest news from Government there is no immediate plan for an Italy type ‘lockdown’. If there is likely to be restrictions imposed the indication from Government is that it is probable this will be in London only.

We are hoping that if there are restrictions imposed or other Covid 19 reason that prevents a transaction from completing, everyone involved will take a pragmatic approach and agree to postpone completion until a later date. We can’t guarantee this however.

For now the best advice is to look to instruct us to explore the possibility of bringing the completion date forward. There is no guarantee this will be agreed but there is no harm in asking.

Q   

I am about to exchange and am worried that if I agree a completion date and am unable to move out and or in on the day due to illness/lockdown/logistical issues with removals I will lose money. In these circumstances should I hold off?

A  

A difficult one to answer - at the end of the day it's a personal decision for you to make. If the property is your ‘dream home’ holding off may mean you might lose it, and if you are using a mortgage it's unclear whether there will in the future be any charge in the lending criteria making it more difficult to obtain a mortgage. You also need to be confident that you will be able to make the mortgage payments, though three month mortgage payment holidays are available. There are steps we can take to help.

We can look to exchange and complete on the same day. This means that you will only commit yourself to the transaction and on the same day move in or out when you are ready to do so.

We can also ask whether the seller and or buyer’s solicitors can agree contract terms that would allow you to postpone completion in the event of a Covid 19 arising. Again, there is no obligation on the parties to agree such clauses.

If you are unsure you can pull out at this stage without liability.

Q   

I have just started or am in the middle of selling and or buying a property. Should I continue?

A  

Nobody knows how long it will take to pull though this, though the Government has expressed the view it will take three months before there is likely to be any improvement.



As you can see from above, there are measures we can propose to help avoid you becoming legally committed to the sale or purchase until you are happy to proceed and complete the transaction.

Interest rates are very low and mortgage payment holidays may factors in favour of pressing ahead now rather than waiting. However, do keep in mind that you should not be entering into a mortgage if you have any concerns about your financial position.



MJP Conveyancing Team

01603 877066 or 01603 877067

Our phone lines are open Monday to Friday 9am-5pm. Please note our phone lines will however be closed for lunch between the hours of 1pm and 2pm.


company details
Addreess:
69 - 75 Thorpe Road,
Norwich, NR1 1UA
Phone:
01603 877066 or 01603 877067
FAX: 01603 230125
copyright © 2017 MJP Conveyancing. All Rights Reserved

*MJP Conveyancing LTD is authorised and regulated by the Solicitors Regulation Authority – SRA No. 590889 http://www.sra.org.uk/solicitors/handbook/code/content.page.

MJP Conveyancing Ltd is a company registered in England and Wales Registered No: 8026741 VAT Number: 157917571. A full list of the directors is available upon request. We use the word 'Partner' to refer to a Director of the Limited Company, or any employee or consultant with equivalent standing and qualification. Equality and Diversity Policy Equality and Diversity Policy Statement for Clients * - In calculating this we measure the average time it takes to reach the stage of exchange ( not the date you actually move in which is known as the completion date) from the date we receive the contract from the sellers solicitors or from when we send the contract to the buyers solicitors. This period can be longer when delays arise which are not within our control. We cannot guarantee that we can achieve this average turnaround time in all transactions. This turnaround time does not apply to leasehold and leasehold and new build transactions.