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Should I transfer funds for the cash-purchase of a 1-bed Flat before the contracts are exchanged?

Personal Finance & Money Asked by Jack Scott on March 12, 2021

My solicitor is recommending to speed things along by transferring the funds for a flat I am buying (leasehold, cash-buyer) to the account of the law firm.
We are waiting on final costs from the seller’s so I may have to pay the difference at a later date.

Is this advisable/normal or very stupid?

3 Answers

Yes this is fairly normal. Your solicitor is acting on your behalf and will hold the money in a segregated "client account" until the time comes to send it to the vendor, or return it to you if it falls through.

But make very sure you are really transferring to the solicitor and not to a scammer who has sent a fake email or intercepted their email and changed the details. This really happens and is not just a theoretical concern. Call them on a verified phone number to double-check the account details, and follow up very quickly to make sure it's received.

Correct answer by GS - Apologise to Monica on March 12, 2021

In the US, at least, it's a wise idea because the lawyer holds the money in an escrow account, and the money transfer would have already cleared the bank. The seller's solicitor would have faith that all the money is with your solicitor, thus eliminating one slowdown.

(Of course, your solicitor might be crooked and needing your cash. Pretty unlikely, though.)

Answered by RonJohn on March 12, 2021

In the UK the two key stages of a property sale are exchange and completion.

At exchange, you will usually transfer a significant sum (often 10% of the purchase price) to your conveyancer. This is your deposit (not to be confused with a mortgage deposit). If you're also selling a property at the same time then your buyer will also provide a deposit, and your conveyancer can use the money from your buyer's deposit to pay all or part of your deposit. At this stage you are committed to the purchase, and should be prepared to lose this deposit should you change your mind.

As part of the exchange you will usually agree the date of completion (which might be the same day, but is most commonly a few weeks later). This is when your conveyancer sends the full funds to your vendor's conveyancer, and ownership of the property legally changes.

Money transfers are not always instant, and in a house sale various parties may want to double check things before a transfer is authorised, which can all add delay. Therefore conveyancers will usually ask for funds a day or two before they are needed.

You've not mentioned the agreed completion date. If there is a significant gap between exchange and completion then the deposit and balance would usually be sent to the conveyancer separately. This avoids unnecessary mortgage interest, or in the case of a cash buyer means the funds can remain in other investments until they are needed. You will not earn interest on money held by the conveyancer.

Answered by thelem on March 12, 2021

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