| Client | Robin Smith, Forest Oak Properties |
| Service area | Residential property with Corporate and Commercial support |
| Team members |
James Burford – Partner and Head of Property Ben Ironmonger – Partner and Head of Corporate and Commercial Emily Drew – Corporate and Commercial Solicitor |
| Outcome | Client completed, avoiding significant interest accrual on the purchase or forfeit of the deposit |
What the client said
“Given the time pressure and everything that needed to come together with this, I was really impressed with how hard the team worked to get it over the line. James was still contacting me late in the evening to keep things moving, which you just wouldn’t get elsewhere. It took a lot of the pressure off knowing he was on it, and the whole team were easy to deal with throughout. I’ve worked with them for years and wouldn’t go anywhere else. I can’t recommend them highly enough.”
Robin Smith – Director, Forest Oak Properties Limited
The situation
Forest Oak Properties Limited purchased a residential property at auction. As is often the case with auction purchases, the transaction came with a strict and non-negotiable completion deadline.
Scott Bailey LLP was instructed following the auction, with less than one month remaining before the contractual completion date.
At the point of purchase, funding arrangements had not been made. This created immediate pressure, as the purchaser was already contractually committed to complete. Delays would result in significant interest accruing, a breach of contract, and would place the transaction at risk, leaving the purchaser open to a risk of a claim being brought against it.
“The turnaround time was a lot quicker than we expected, and I had to get the finances in place whilst everything else was being pulled together.”
Robin Smith
To proceed, the company required urgent legal support utilising both residential conveyancing and corporate and commercial departments, with very little time available to resolve the issues.
“Many conveyancing firms would be reluctant to take on a high-pressure auction purchase of this nature, and most would have declined given the level of risk involved. However – as a team, we are experienced in handling complex, time-sensitive transactions. And we certainly wouldn’t shy away from a challenge where the stakes for a long-standing client are so high.”
James Burford – Head of Property at Scott Bailey LLP
The challenge
Auction transactions require speed, precision, and a clear understanding of risk. In this case, the timeframe was exceptionally tight, and the structure of the transaction introduced additional layers of complexity.
The property team, led by James Burford, Partner and Head of Property, progressed the conveyancing at pace, preparing as much of the transaction as possible in advance of funding being formally agreed.
However, on the contractual completion date, funding was still not in place. The client failed to complete and was served with a Notice to Complete that same day. Under the terms of this particular auction contract, the client had just two working days to complete before forfeiting their deposit. Interest also began to accrue immediately.
“It was a stressful situation and I felt the pressure at the end – but the team kept everything moving and under control.”
Robin Smith
At this stage, several urgent requirements needed to be addressed simultaneously:
- Bridging finance was secured late on 12 March, but came with extensive lender requirements
- Independent legal advice was required for both the company director and a third-party investor providing additional funding
- The company’s articles of association required amendment to allow the transaction to proceed
- The lender was separately represented, requiring detailed responses to enquiries within an extremely short timeframe
What would typically take weeks needed to be completed within days.
Our approach
The matter was led by the Property team, with James Burford coordinating the overall transaction and ensuring that progress continued despite the uncertainty around funding.
Recognising the urgency, the team prepared as much of the conveyancing process as possible in advance, allowing immediate action once the mortgage offer was received.
A coordinated, cross-departmental approach was essential.
Securing funding within the required timeframe proved to be one of the most significant challenges, with traditional lending processes placing additional pressure on an already time-sensitive transaction. Ben Ironmonger, Partner and Head of Corporate and Commercial, provided independent legal advice to both Robin, who was giving a personal guarantee, and his third-party investor. This advice needed to be delivered clearly and efficiently, ensuring full understanding while meeting the lender’s requirements.
“With funding, personal guarantees and company structure all in play, the key was to keep everything aligned and moving at pace. By working closely with the property team, we were able to deliver clear advice while ensuring the transaction stayed on track.”
Ben Ironmonger – Head of Corporate and Commercial at Scott Bailey LLP
Emily Drew, Corporate and Commercial Solicitor, managed the necessary amendments to the company’s articles of association. These changes were critical, as the existing structure did not support the decision-making required for the transaction.
Throughout this period, there was constant communication between teams, the client, and the lender’s solicitors. Meetings were arranged at short notice, documents were turned around rapidly, and enquiries were addressed in real time.
“They’re easy to talk to, there’s no stuffiness, and they just keep you updated on what’s needed. It took so much pressure off, knowing they were on it. James was still contacting me late in the evening trying to get things sorted, which you just wouldn’t get anywhere else.”
Robin Smith
The team worked across Thursday evening, throughout Friday, and into the following Monday to ensure that every requirement was satisfied within the strict deadline imposed by the Notice to Complete.
The outcome
The transaction successfully completed within two working days of the contractual completion date.
Although the client incurred interest for those two days, this was minimal in the context of the overall transaction. Crucially, the client avoided forfeiting their deposit and was able to proceed with the purchase.
“This could have been so much worse. This nearly failed because of funding pressure – but they got it over the line, and I only had a small amount of interest to pay. They really put the effort in to get it done.”
Robin Smith
The outcome was only possible due to the coordinated effort across teams, the ability to act quickly under pressure, and a clear focus on achieving the best possible result within a highly constrained timeframe.
The client was extremely pleased with the result, particularly given the risks involved and the pace at which the matter needed to progress.
How we can help
Property transactions, particularly those involving auction purchases or complex funding arrangements, often require input from multiple legal disciplines.
Our residential property lawyers, commercial property lawyers and corporate and commercial solicitors work collaboratively to provide clear, practical support across both property and corporate matters, helping clients move forward with confidence, even under tight deadlines.
