By David Williams, Director & Head of Property
The measures implemented by the government to slow down the spread of Covid 19 have caused us all to make huge changes to our lives. For anyone in the middle of a buying or selling a property there will be considerable uncertainty as to how, and if, the transaction will proceed. There are legal and practical issues that need to be addressed for all parties in the process.
For solicitors we need to be sure both compliance with the new regulations and safety for all our staff and clients. Therefore, we have had to take the difficult decision to close our offices for the duration of the crisis. We will however, be maintaining our service to our clients by utilising modern technology that allows all solicitors and support staff to work from home. Apart from not being able to visit the office you should not experience any appreciable difference other than practical or logistical changes. For example:
We will need to email or post documents for you to sign and return. If a document requires a third party witness you will of course have to ensure you comply with requirements as to social distancing in order to stay safe.
If there is a chain involved we will have to be in constant communication with the estate agents and other solicitors to ensure all parties are both willing and able to proceed. Should one party in the chain become ill and have to self-isolate, the whole chain may be delayed.
You will need to check with your removals firm on a regular basis that they have sufficient personnel to effect your move on the day of completion.
The government directive ordering everyone to stay indoors will, of course, have a bearing on your ability to move. So far the government have ordered people to stay indoors unless they need essential supplies or have to go to work. If your sale or purchase does not entail having to physically move furniture immediately then you should still be able to proceed. However, there is no clarity as to whether moving house is regarded as essential.
In normal circumstances we would exchange contracts several days before the completion date. This gives all parties certainty as to the completion date and allows them to make all arrangements necessary such as setting up buildings insurance, utility providers etc.
To safe guard clients from the risk of being held in breach of contract, we have decided it is prudent to delay exchange of contracts until the actual day of completion. Checks can be made with all parties to ensure they are ready and able to complete. Only then would contracts be exchanged and the completion go ahead on the same day.
At the moment, if you have already exchanged contracts and set a completion date you should still be able to move, subject to the points above and any further directives from the government. If you have yet to exchange contracts the prospects are less certain. If contracts are exchanged any then the completion date is cancelled you are potentially in breach of contract.
Our advice to you would be to carry on with your plans. We can still carry out all the preparatory work to enable us to put exchange and completion into effect as soon as this is allowed. If you are still looking for a property then please contact our Property Department who will be happy to provide you with an estimate of costs, together with give advice as to the process.
Keep in constant touch with your solicitor, estate agent, removals firms etc. who should be able to give you up to date information as to the status of your transaction in light of current circumstances.