who signs first?

Question for anyone who's gone through the process before...

I agree to buy a house. Sellers solicitor sends my solicitor contracts for sale. I sign these and my solicitor sends them back.
Now, whats to stop the seller from sitting on the contract and not signing it for several weeks/months, delaying the sale?

Absolutely nothing! Though before you sign generally solicitors have agreed a closing date and this is written into contract.

"Now, whats to stop the seller from sitting on the contract and not signing it for several weeks/months, delaying the sale?"

You.

Returney the contracts or we is walking away!

This is the wording used in solicitors correspondence exchanges until such time as the contracts are binding. Note the words "signed, exchanged and a full deposit is paid."

Please note that we do not have any authority either express or implied to bind our clients in any way and we must emphasise that neither this correspondence nor any negotiations had between our clients shall constitute a note or memorandum within the meaning of the Statute of Frauds until such time as both contracts are signed, exchanged and a full deposit is paid.


mf

miser said:

Now, whats to stop the seller from sitting on the contract and not signing it for several weeks/months, delaying the sale?

Click to expand...

This happened to me, I had all my bits done - survey, loan approval, even checks on the weird status of the deeds, signed my contracts, and the seller went AWOL, couldn't be contacted by her solicitor. Was a bit scary. Closing date passed and everything. I had given notice to move out of my rented place, was nothing I could do but threaten to pull out of the sale (conveniently a house across the road had just gone up for sale) and when I did, had contracts back within a week.

When I went sale agreed vendor said she wanted sale completed within a month, which suited me because I was a FTB and renting, but she ended up delaying for 3 months for no good reason. House had been on the market and vacant for 2 years!!

But to answer your question, you sign first, and then wait....

Happened me a few years ago too - I signed contract, vendor sat on it....and decided after 3 months that he wasn't going to sell at all.

As it was during the boom times, I found myself unable to afford a similar house, so had to start my search all over again!