Moving in before the babies are born: can we complete early on our new house now we've found out my wife's pregnant?

My wife and I are expecting twins and want to move into the house we've bought earlier than we originally agreed. How likely are we to be able to do this?
Shutterstock / Liderina
Fiona McNulty29 August 2019

Question: When we exchanged contracts for our new house we agreed with the seller that completion would not take place until January next year. My wife is now pregnant with twins and we want to complete earlier. How likely are we to be able to do this?

Answer: As contracts have been exchanged there is a legally binding agreement between you and your seller. The terms of the contract will specify the completion date but if the parties agree, it is possible to vary the terms and bring completion forward.

If the property is still being built, completion can only happen after it has been physically finished. Inform the developer’s site agent of your situation, and also the solicitor who is dealing with your purchase.

Perhaps the developers can prioritise work on your particular property so that it can be finished sooner than planned and you can then complete the purchase and move in.

If the property is not a new build, and when contracts were exchanged you and your seller simply agreed completion in January 2020, then you will need to try to negotiate an earlier completion date with your seller.

This may not be possible if, for instance, your seller has a related purchase.

In either case, if an earlier completion date is possible, your solicitor should prepare a Supplemental Agreement recording the new terms of the contract.

You will have to pay the costs of your solicitor and those of the seller’s solicitor in relation to this.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Fiona McNulty, email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE. Questions cannot be answered individually, but we will try to feature them here.

Fiona McNulty is a solicitor specialising in residential property.

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