ASK ROSS: Exchange of contracts is a milestone moment in any property transaction. This month, Ross explains the process and highlights some of the issues that can arise…
Our eminent residential property expert, Ross Ward, answers your questions about moving home. If you have a query about buying or selling, email marketing@tayloremmet.co.uk
My solicitor has advised me we will be exchanging contracts soon. Can you tell me how this is done?
Exchange by telephone is now the most common method. When exchange of contracts is carried out this way, it becomes effective as soon as the seller and buyer’s solicitors agree during the conversation that it has taken place.
This is followed by a physical exchange of documents through the post. The seller’s solicitor will receive the contract signed by the buyer, together with the deposit and the buyer’s solicitor will receive the contract signed by the seller.
Once the telephone conversation has taken place, neither party can withdraw from the transaction, so it is essential your solicitor checks all arrangements for moving are in order prior to exchange.
If your purchase is dependent on the sale of another house, your solicitor will need to ensure the exchange of contracts on both properties is synchronised to avoid leaving you owning two homes or none at all.
I am buying a property that has been extended and my solicitor wants to check it has building regulation approval before we exchange. What does this mean?
Building regulation approval is usually required when work is undertaken on a property.
It is separate to planning consent and may still be needed, even if the extension is classed as permitted development i.e. it does not require planning permission.
Anyone intending to make physical alterations to their property needs to notify and deposit plans with the local council before you start. A building inspector will then check the work at regular intervals and once it is complete, a final certificate will be issued showing compliance.
If building regulation approval is not obtained, the local authority can bring enforcement proceedings, although this is usually only within the first 12 months of the infringement.
What happens if someone involved in the purchase of a house dies after exchange of contracts?
The death of one or other party between exchange and completion should not affect the transaction.
If the seller dies and is the sole owner of the property, his executors or administrators will have to continue with the sale. If the deceased is a joint owner, then the spouse or survivor is still bound by the contract.
Should the buyer die, their representatives are required to proceed with the purchase, although if the deceased was purchasing with the help of a mortgage, there could be difficulties in raising the funds. In theory, the person who is entitled to the property in the deceased’s will or intestacy is responsible for finding the money.
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