What happens when conveyancing is delayed depends on whether contracts have been exchanged. Before exchange there is no binding contract in England and Wales, so a delay costs time and money and either side can still walk away. After exchange the completion date is legally binding: the party who makes completion late will usually have to pay the other side compensation, and if the delay drags on, the other side can serve a notice to complete and eventually pull out.
This guide covers what a delay means for buyers and sellers, what the standard contract terms say, how a delay can affect your mortgage offer and Stamp Duty, and what you can do about it. For how long the legal work normally takes, see our guide to how long solicitors take to process a house sale.
A sale slows down when documents the buyer's solicitor needs are not ready, such as the title deeds, planning and building regulation paperwork, guarantees, or the seller's answers to the property information forms. Mistakes in forms and slow replies to enquiries add more time. These are the delays buyers and sellers have most control over.
In a chain, each sale depends on the others, so a hold-up anywhere, such as a buyer at the bottom waiting for a mortgage offer, holds up everyone. The government's home buying and selling reform roadmap, published in June 2026, says around one in three transactions fall through, often late in the process. Our article on property chains and how they can be broken covers the options when a chain stalls.
An accepted offer is not legally binding in England and Wales until contracts are exchanged. Until then either side can withdraw, and unless you have signed a reservation agreement there is no contract under which to claim your costs back. The longer a sale takes, the more chance something changes:
Reservation agreements are voluntary at present. The government plans to legislate, when parliamentary time allows, to require binding conditional contracts, but says this will only come into force once upfront sales packs are embedded, and it has not set a date. Our guide to gazumping and gazundering explains how to protect a deal before exchange.
Exchange creates a binding contract with a fixed completion date, and usually neither side can pull out without paying compensation. Many residential contracts incorporate the Law Society's Standard Conditions of Sale (fifth edition, 2018 revision), often with special conditions that change some terms. The standard position is below, but your own contract is what counts, so ask your solicitor to explain it before you exchange.
If the contract does not state a completion date, condition 6.1.1 sets it at 20 working days after exchange. Missing the date is a breach of contract, but on its own it does not let the other side cancel, because time is not "of the essence" unless a notice to complete has been served. Completion money must arrive by 2pm. If it arrives later, completion is treated as happening on the next working day when working out compensation, unless the buyer was late only because the seller had not moved out.
Under condition 7.2, the party whose delay is greater pays the other compensation at the "contract rate" on the purchase price (less any deposit paid, where the buyer is paying) for the period of the delay. The contract rate is the Law Society interest rate unless the contract sets a different one, and the Law Society sets its rate at 4% above Barclays Bank base rate. For example, on a £400,000 purchase with a 10% deposit paid and an illustrative contract rate of 8% a year (the actual rate moves with Barclays base rate, so check the current Law Society rate), a late buyer would owe the seller roughly £79 a day. The innocent party can also claim other losses caused by the delay, less any compensation already paid.
A party who is ready, able and willing to complete can serve a notice to complete at any time after 2pm on the completion date. Under condition 6.8 the parties then have 10 working days, not counting the day the notice is given, to complete, and time becomes "of the essence". A buyer who has paid less than a 10% deposit must immediately top it up to 10%.
If the notice is not met:
Mortgage offers are valid for a limited period set by the lender. RBS, for example, says its offers on new mortgages are valid for six months and that you can apply to extend by one month. Lenders set their own rules, so if completion might slip past your expiry date, tell your lender or broker early. If you have to reapply, the rate and product you were offered may no longer be available. If you are worried about your offer or rate, independent mortgage advice can help you weigh up the options.
In England, Stamp Duty Land Tax is charged at the rates in force on the "effective date", which for most purchases is completion, not exchange. If rates change while your purchase is delayed, completing later can cost more. On 1 April 2025, for example, the threshold at which Stamp Duty starts fell from £250,000 to £125,000, and first-time buyers' relief fell from £425,000 to £300,000, with no relief on homes over £500,000 (previously £625,000). Some changes protect contracts already exchanged: when the surcharge on additional homes rose from 3% to 5% on 31 October 2024, contracts exchanged before that date kept the 3% rate. Your conveyancer can tell you what applies.
A slipping date can mean rebooking removals, storage, extra rent and more time off work. After exchange, some of these losses can be claimed from the party who caused the delay. Before exchange there is no contract to claim under.
Before exchange, a buyer kept waiting can find another property or try to renegotiate. The longer a sale runs, the more chance of a change in the buyer's finances, a lapsed mortgage offer or a shift in the market.
If you are also buying, a late completion by your buyer can make you late on your own purchase, and you could owe your seller compensation even though the problem started further down the chain. What your buyer owes you may help, but the amounts will not necessarily match, because they are worked out on different prices. For a sale with vacant possession you must also be out on time: if the buyer is ready but cannot pay until after 2pm because you have not moved out, the Standard Conditions treat you as the party in default. Our guide to what happens on completion day explains how the day usually runs.
Delay is one of the most common complaints the Legal Ombudsman deals with. Complain to the firm first, ideally in writing; it has up to eight weeks to put things right. If you are still unhappy, or have had no response after eight weeks, you can go to the Legal Ombudsman. You must normally do so within six months of the firm's final response (where that response warned you of the deadline), and within one year of the problem or of when you should reasonably have known about it. The Ombudsman does not usually hold a firm responsible for delays caused by others, such as the other side or HM Land Registry, but it does consider whether the firm could reasonably have chased them and whether it kept you informed.
Complain to the agent first, then to the redress scheme it belongs to: The Property Ombudsman or the Property Redress Scheme. The Property Ombudsman will normally consider a complaint once you have the agent's final response or eight weeks have passed. You must have complained within 12 months of the event (or of when you became aware of it), and refer it to the Ombudsman within 12 months of the agent's final response.
Before exchange you generally cannot claim costs from a buyer or seller who delays or pulls out, unless you signed a reservation agreement. After exchange, compensation for late completion and claims for further losses are dealt with under the contract, through the solicitors on each side.
This article is general information, not legal advice. Speak to a solicitor or licensed conveyancer about your own circumstances.
Before exchange, yes, because an accepted offer is not legally binding in England and Wales. After exchange, usually not without paying compensation. If the other side misses the completion date, you can serve a notice to complete, and under the Standard Conditions you can normally rescind only if that 10 working day deadline is missed.
Under the Standard Conditions of Sale, the party responsible pays compensation at the contract rate for the period of the delay. The other side can serve a notice to complete, giving 10 working days. If the buyer still fails to complete, the seller can keep the deposit and resell. If the seller fails, the buyer gets the deposit back and can claim damages.
Interest at the contract rate on the purchase price, less any deposit paid if the buyer is paying, for the period of the delay. The contract rate is the Law Society interest rate unless your contract sets a different one. Other losses can also be claimed, less any compensation already paid.
A lender will not normally release funds on an expired offer, so speak to your lender or broker before the expiry date. Some lenders, such as RBS, let you apply for an extension. If you have to reapply, the same product and rate may no longer be available.
Yes. Complain to the firm first; it has up to eight weeks to respond. You can then go to the Legal Ombudsman, normally within six months of the firm's final response (if it warned you of that deadline) and within one year of the problem or of when you should reasonably have known about it.
