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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9324
Experience:  I have been practising for 30 years.
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I have recently moved house and because we did not exchange

Resolved Question:

Good Afternoon, I have recently moved house and because we did not exchange on time ( not my fault), I incurred extra costs 're removal firm for waiting around time to the tune of 528 pounds. Do I have any claim on the first person in a very small chain who did not deposit monies till about mid day on the day of the move.
Regards,
Mr. A. Simkins
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

Please confirm that this was failure to exchange and not failure to complete.

Customer: replied 10 months ago.
It was late to exchange and complete. It was all after 2pm when the extra charges kicked in.
Customer: replied 10 months ago.
Also because it ran into another day 're the move I had to pay towards the hire of another van as the removal company were busy on the second day.
Expert:  F E Smith replied 10 months ago.

Thank you. I’m afraid that if you hadn’t already exchanged contracts, there is nothing that you can do about anyone else letting the chain down. In fact, you could have incurred solicitors costs and surveyors costs and booked moving costs and paid a deposit and if one of the people in the chain decided to back out, 30 seconds before exchange, and the whole chain collapses, there is nothing that anyone can do.

It has been a criticism of the English conveyancing system for many years and my understanding is that the Scottish system is completely different and avoids this.

I wish I could tell you that you could recover these wasted costs but unfortunately, it’s not possible. The question is very common. Sorry.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

Customer: replied 10 months ago.
Thank you for the prompt replies and I guessed you may say what you have, good old UK law hey. The service I received has been excellent.Kind Regards,
Andy Simkins.
Expert:  F E Smith replied 10 months ago.

Thank you. You should now be able to use the rating button to rate positive formally. Best wishes.

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