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A 10% deposit is due to the seller when contracts are exchanged. The seller needs to continue making mortgage payments until the completion day, and the existing mortgage or loan can't be transferred to a new property.
Completion. Between exchange and completion, if there is a mortgage on the property that's being sold, then the seller's Solicitor will obtain a redemption statement and pay the mortgage off on the day of completion. They will also request any other invoices to be paid on completion such as the estate agent's fee.
The deposit is paid to the seller on exchange of contracts as part payment of the purchase price. A request for a deposit over 10% should be questioned as it may not be legally enforceable because it amounts to a penalty on the buyer.
At exchange: Both parties' solicitors are in possession of a signed contract. The seller's solicitor also holds the signed transfer of title deed (TR1 form) The buyer's solicitor is in possession of cleared deposit funds, a mortgage offer and buildings insurance policy, if required.
Exchange of contracts is the point at which the buyer pays a deposit and the sale/purchase contract becomes legally binding. Completion is when the balance of the payment for the property is passed over to the seller's solicitor and ownership transfers to the buyer.