Buying house - moving in before closing date

elainem

Registered User
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611
Hi! All, again!

My cousin just bought a house in Carlow, got it really cheap - e65 with builder's finish and 1/4 acre.

The contracts were exchanged and purchase monies were with solicitor. However, my cousin's solicitor told her that the sale was completed. She got the keys from the auctioneer and didn't return them, but started renovations. However, she bumped into the auctioneer a week later, and he said the sale hadn't completed. Then the owners called around to collect tools etc that they had left and said that they had signed, but hadn't gotten their money yet. They were surprised that my cousin had started the work, as my cousin was surprised that the sale hadn't been completed when she was told it had - this was 9 days later.

My cousin hadn't got the Deed of Transfer at this stage, despite being told 3 times that it had been posted to her. She was really panicked as she is relying on a mortgage to get the rest of the funds to complete the house (bought cash). She telephoned the other side's solicitors to find that it was true that the sale hadn't been completed, that her solicitor had not yet authorised release of funds, and that the Transfer Deed had only been sent to her solicitor on the 24th May.

My cousin telephoned her solicitor and was really annoyed with him, and said if he had told her the truth that the sale hadn't closed, she would have felt better. He was furious that she rang the other side, but she felt that she had no option as she didn't know what was going on and couldn't get a straight answer.

The solicitor in question is a friend of her brother's. They always go on about how he is a nice guy, but is a bit careless at times.

Is this normal behaviour when buying and selling houses - should she be annoyed with him - he's certainly annoyed with her, and she had started the mortgage process with him.
 
Extremely odd behaviour!

Completion is quite a formal process- hand over money, get all closing paperwork, take possession.

Mind you, why would/did the cousin call the other side's solicitor herself?


mf
 
I would have thought once both sides have signed, as is the case here, that the deed is complete. The matter for the money to be handed to the sellers is a matter between them and their solicitor.
 
Cousin's solicitor has not released the funds to vendor's solicitor so the transaction is not yet complete.

mf
 
Cousin's solicitor has not released the funds to vendor's solicitor so the transaction is not yet complete.
Yeah. I've just re-read the first post and I stand corrected. Must try harder.
 
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