On brink of exchange - Solicitor goes on holiday without telling me?!

Kaius2009 · 10 October 2016 at 11:08AM

So we were due to exchange 2 weeks ago last Friday, for long and boring reasons that didn't happen.

So after a stressful 2 week wait with the odd update from my solicitor (she's been great up to now!) I gathered that we would be exchanging on Friday last, so Friday morning I email her for an update just to see if she's thinking along the lines that I am...AND I GET AN OUT OF OFFICE REPLY BACK?!

Fuming doesn't come close. She's away until the 17th October, and our timescale all along was to complete on the 14th. But worst of all - she didn't tell me! I had literally no clue! So I called the office and was passed from pillar to post to try and find some one who knew anything, and got a man who confirms that he would be able to exvchange contracts in my Sols absence, but he's not up to speed with my case so will need to get looking into it and this and that, so he's made it nice and clear that no handover of my case was done either.....

Does my solicitor just expect me to hang around till 17th? I have to be out of my flat by 3rd November and work needs doing on the new house AND I have 2 kids that are likely to be homeless come the 3rd if it's not all sorted - and she just !!!!!! vanishes!

What can I do? I'm not obviously going to do anything until I have got what I need (exchange/completed) but I think her behaviour has been totally unprofessional and I am SO angry! Shall I make a complaint against her to her Director? What would you do in my situation?

Thanks!

hazyjo · 10 October 2016 at 11:15AM

First of all I'd make very sure that it was planned holiday and that someone hasn't died or she's not had to rush off somewhere.

Secondly, I work for solicitors who often do handover notes but do still 'work' on a daily basis from their sun lounger lol. My boss has just got back after 2 weeks and he was replying to emails regularly.

Thirdly, given all the hassle regarding moving, no I'd not be putting in a formal complaint, but that's up to you.

Are you sure you're ready to exchange? Could she still be waiting on something? Would it really matter if you exchanged on or after 17th? It's not that near to the 3rd!

Have you given notice at your flat, or were you served notice?

Jx

lee111s · 10 October 2016 at 11:16AM

Wait to hear back from "the man".

Did he indicate how long it would take for him to get up to speed?

cloo · 10 October 2016 at 11:18AM

My solicitor was away when I exchanged on my first sale, but she arranged for someone to cover; it can be got through by a colleague if planned. Hope he is able to sort out.

davidmcn · 10 October 2016 at 11:19AM

Kaius2009 wrote: »

What can I do?

Calming down would seem a good first step...

You've identified who is looking after your file in her absence, they're checking whether or not you're ready to exchange (presumably you weren't last Friday or it would have happened), they'll get back to you to confirm the timescales.

Kaius2009 · 10 October 2016 at 11:26AM

Hi thanks for the replies.

Yes it was planned holiday, so she should have really handed it over to some one.

'The man' literally had no idea about anything, her secretary seemed equally as clueless. We are ready to exchange, she was waiting on one thing (hence the 2 weeks since the last attempt to exchange) that we now have confirmation is all sorted.

And yes, at my solicitors advice, we have put in notice on our flat to be moved out by 3rd November. Unfortunately there is structural work that needs doing on the house before we can move in - it'll only take a week, but I really don't want to be living in a building site when we move in.

I'm going to be calling 'the man' shortly for an update, I'm just so frustrated that she could just leave it in the lurch like this.

What I also worry is that my solicitor has made it clear that we have to wait 5 working days between exchange and completion - so that's another week before I can get builders in! I have also taken 2 weeks off work from the 17th under the impression I would have a house by then!

So stressed out now - just want it all to be over.

Thanks again.

hazyjo · 10 October 2016 at 12:26PM

Kaius2009 wrote: »

And yes, at my solicitors advice, we have put in notice on our flat to be moved out by 3rd November. Unfortunately there is structural work that needs doing on the house before we can move in - it'll only take a week, but I really don't want to be living in a building site when we move in.

What I also worry is that my solicitor has made it clear that we have to wait 5 working days between exchange and completion - so that's another week before I can get builders in! I have also taken 2 weeks off work from the 17th under the impression I would have a house by then!

A predicted exchange date is always a bit iffy. That and completion is never set in stone until exchange actually happens. Your solicitor needs to give their head a wobble. It's not a good idea to give notice until you have exchanged. What if the sellers decide not to sell? Crazy.

For those reasons, you also shouldn't have boked holiday yet - and the chances of your builders being available? Low I should imagine. Unless you have already booked them in too?

Hmm.

Jx

Rain_Shadow · 10 October 2016 at 12:36PM

Kaius2009 wrote: »

What I also worry is that my solicitor has made it clear that we have to wait 5 working days between exchange and completion - so that's another week before I can get builders in! I have also taken 2 weeks off work from the 17th under the impression I would have a house by then!

So stressed out now - just want it all to be over.

Thanks again.

Why do you have to? It certainly isn't a legal requirement afaik.

glentoran99 · 10 October 2016 at 12:39PM

nope you can do both on same day if so inclined

Kaius2009 · 10 October 2016 at 12:49PM

Yes I did think it a bit iffy, but she seemed completely confident that it would all be sorted and we would be in way before the 3rd so wouldn't be a problem. Bearing in mind we had our offer accepted 28th July, and we have no chain, and the house is empty, it's taking so LOOONGGGG!

Apparently the 5 working day thing is instructions by the lender (Halifax) has anyone heard of this before?

Luckily my family own a building contractors, so should be able to get the builders in as and when I need - but as you say - who knows! May well be living in a building site after all.

Fingers crossed 'the man' is actually 'superman'!!

hazyjo · 10 October 2016 at 12:52PM

Kaius2009 wrote: »

Yes I did think it a bit iffy, but she seemed completely confident that it would all be sorted and we would be in way before the 3rd so wouldn't be a problem. Bearing in mind we had our offer accepted 28th July, and we have no chain, and the house is empty, it's taking so LOOONGGGG!

12 weeks is average. I've had one take 5 weeks, another 5 months.

I don't think yours has taken a long time so far - just normal. Being empty doesn't make much difference tbh - if anything, it means the vendors may even be slower to respond/find paperwork, etc. Chain free can help, although I had a very short chain with the 5 month purchase - there were just lots of queries/problems along the way. Believe it or not, we had an investor buying and were aiming to exchange within 3-4 weeks of their offer lol!

Jx

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On brink of exchange - Solicitor goes on holiday without telling me?!

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