The Impact of Failure to Complete in a Conveyancing Matter

The Serious Consequences of Failing to Complete in Conveyancing

Completing a property transaction is the final legal stage in conveyancing—and missing that milestone can be costly. Whether buying or selling, failing to complete by the agreed completion date can lead to legal, financial, and reputational damage.

At Gordon and Thompson Solicitors, our expert conveyancing team guides clients in Bromley, Plumstead, London, Maidstone, Gillingham, Kent, Coventry, and the West Midlands through every step, ensuring smooth transactions and addressing any risks early.

What Does “Failure to Complete” Mean?

Once your contracts have been exchanged, the completion date is legally binding. Failure to complete occurs when either party:

• The buyer doesn’t transfer funds on time

• The seller hasn’t vacated the property

• There are issues with title deeds or mortgage funds

Under the Law Society’s Standard Conditions of Sale, breaking the completion date is considered a breach of contract and has serious consequences.

Why a Notice to Complete Matters

A Notice to Complete is a formal legal remedy. If the buyer or seller fails to complete, the other party can issue this notice to set a deadline—typically 10 working days—for completion. The utility of this notice includes:

• Prompt compliance: It forces the reluctant party to act.

• Formal framework: It establishes terms for liquidated damages and interest.

• Termination trigger: Non-compliance after the notice allows the innocent party to terminate the contract and recover the deposit.

Failing to serve a Notice to Complete in a timely manner could weaken your position, so it’s vital that this is issued correctly.

Penalties for Buyers Who Fail to Complete

If the buyer fails to complete, they face serious repercussions:

• Deposit loss – typically, 10% of the purchase price

• Interest charges – usually set at 4% above the base rate

• Damages claim – seller may sue for losses if property is later sold at a lower price

• Reputational damage – affecting future mortgage offers or purchases

Penalties for Sellers Who Fail to Complete

When the seller fails to perform:

• Specific performance – buyer may enforce the sale through court

• Claim for damages – seller may be liable for costs like temporary housing

• Contract rescission – buyer may walk away and recover legal costs

Ten Tips to Avoid Failed Completion

1. Choose a specialist conveyancer with strong local knowledge.

2. Review the contract thoroughly before exchanging.

3. Obtain mortgage offers and clear exchange deadlines.

4. Order searches and title investigations early.

5. Provide funds and signing documents in advance.

6. Use a ‘Notice to Complete’ if the other party misses the date.

7. Serve it correctly—it must be in writing with a clear deadline.

8. Act quickly—Usually within 10 working days to protect rights.

9. Prepare for completion—book removals and transfers ahead of time.

10. Consult solicitors immediately if problems arise.

How Gordon and Thompson Solicitors Help

If you receive—or need to serve—a Notice to Complete, our specialists can manage it efficiently and effectively. We can:

• Draft and serve the notice in line with legal requirements

• Calculate interest and valid liquidated damages

• Advise on termination, reselling, or compensation strategies

• Manage lender communications to ensure funds arrive promptly

• Represent your interests in court or negotiation

Why Gordon and Thompson Are Your Best Conveyancing Partner

• ✅ Experts in residential and commercial property law

• ✅ Strategic use of Notices to Complete and court remedies

• ✅ Quick identification and resolution of delays

• ✅ Transparent fees and proactive communication

Contact Us to Protect Your Property Transaction

Avoid missed deadlines and expensive disputes. Contact Gordon and Thompson Solicitors for guidance on conveyancing, completion, and enforcement:

📞 Call: 020 7183 6547
📧 Email: admin@gordonandthompson.com
🌐 Visit: www.gordonandthompson.com

Secure your move with confidence — both buyers and sellers deserve a smooth, legally secure conclusion.