In our FAQ series, our expert solicitors advise a new house buyer who has lost contact with the seller at the last moment.
Q: We’ve bought a house, exchanged contracts and agreed on completion – so we’re all set to move in. However, we haven't been able to contact the seller.
So long as we achieve completion, if we turn up at our new place could we force access to the property? Could we use a locksmith? Is it legal to force our way into a property we essentially own?
A: If the sellers haven’t completely vacated the property and still have possessions in the property, entering into the property could put you at risk of liability.
If another party can get hold of the sellers then the sale should be able to be completed relatively easily. The solicitor of the sellers must get in contact with them to ascertain whether they want to complete the sale, or if they’re now refusing to do so.
To complete the deal, the sellers’ solicitor should have a transfer deed that’s been signed by their client. Once your solicitors have formalised the funds to complete the sale, the sellers’ solicitors will send the deed and complete the transaction, authorising the transfer of the keys to you.
However, if the sellers haven't left their keys with their solicitors and are tough to contact, you could find yourself in a complicated situation. The selling solicitor won’t be able to complete a sale without the specific instructions of their client.
In in this instance, you and your solicitors wills serve a completion notice as the seller will be in breach of contract. You have two choices:
1. Obtaining a court order that forces the seller to carry out their obligation and complete the sale
2. Pursue them legally for your deposit and any losses that you’ve incurred
Talk to conveyancing experts today
Howells’ award-winning team are regarded as one of the leading legal teams for conveyancing in Cardiff and across Wales. For more information about the conveyancing process, and how we can help you when buying or selling your home, contact us today.
by Tristan Lewis
