A seller should treat a request for earlier completion as a proposal to check, not as a change that can be assumed. The formal agreement specifies the completion date and time, so the seller should establish the exact earlier date and time being proposed and identify any related special conditions. The possession position also needs checking: unless the property is sold with an existing tenancy, the vendor delivers vacant possession upon completion.
Check the formal agreement first
The Estate Agents Authority’s guidance states that the completion date and time will be specified in the formal agreement. The seller should therefore compare the request with the date and time already recorded and ask what changes to the agreement would be needed.
The cited guidance does not state that a request by itself changes the agreed completion date or prescribe a standard deadline for responding.
Check any proposed special conditions
The Community Legal Information Centre states that both parties must fully agree to all proposed special conditions before signing the formal agreement. If the earlier date would require a proposed special condition, the seller should ensure that the relevant terms are fully agreed before proceeding.
If the request is made after signing, the cited guidance does not explain how the completion date should be amended. The seller should confirm the applicable process before treating the earlier date as agreed.
Confirm the possession position
Where the property is not sold with an existing tenancy, the seller must deliver vacant possession upon completion. An earlier completion date would therefore require the seller to check whether vacant possession can be delivered on the proposed date.
If the property is sold with an existing tenancy, the seller should check the tenancy terms instead. The cited guidance does not explain how a conflict between those terms and a proposed earlier completion date should be resolved.
A practical response
A seller may respond along these lines:
Please confirm the exact completion date and time proposed, any special conditions that would need to change, and whether the property is subject to an existing tenancy. Please also explain what would be required to amend the formal agreement.
This wording requests clarification without accepting the proposal. The seller should then compare the answer with the formal agreement and obtain appropriate legal advice on any unresolved question about amending a signed agreement.