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navrav
Posts: 9 Forumite
I discovered 4 days ago that the title to my property was still held by the previous owner - despite us purchasing it over 4 years ago. No mention of this has been made by my solicitors and I haven't heard from them since the completion.
I know this happens so I wasn't unduly worried at that stage. However I then did some checking with the land registry and It turns out the property we thought we were buying comprises of two bits of land - and the second bit of land was unregistered land and not owned by the vendor at the time it was sold to us.
It appears that the land registry therefore rejected the transfer and several months after completion the vendor registered the land in his name.
Apparently the application for transfer was again made after this by my solicitors and that application was again rejected.
I tried to ask my solicitor what was going on , why was the application rejected, what is my legal position regarding ownership - (as I understand it would be held in trust - except for the fact the vendor cant hold it in trust for us if he didn't own it.)
and received replies of:
I cant give you the information - it is at a different office.
followed by two days later 'I have neither the time or resources to deal with this'
When I said I was going to make a formal complaint, they said that doing so would mean they file would be locked for 8 weeks while they investigated and no progress could be made on the case until after the 8 week period and furthermore I could not have any information during this period.
So I have opted for an informal complaint at the moment just to find out what the problem is and have asked for copies of the communication between them and the land registry and between them and the vendors solicitor.
3 days later still no word - Any suggestions what the position might be and how best to proceed?
Edit: I should mention the house was on a bit of the land he did have title to - the land he didn't have title to comprises the garden including septic tank and garden office.
I know this happens so I wasn't unduly worried at that stage. However I then did some checking with the land registry and It turns out the property we thought we were buying comprises of two bits of land - and the second bit of land was unregistered land and not owned by the vendor at the time it was sold to us.
It appears that the land registry therefore rejected the transfer and several months after completion the vendor registered the land in his name.
Apparently the application for transfer was again made after this by my solicitors and that application was again rejected.
I tried to ask my solicitor what was going on , why was the application rejected, what is my legal position regarding ownership - (as I understand it would be held in trust - except for the fact the vendor cant hold it in trust for us if he didn't own it.)
and received replies of:
I cant give you the information - it is at a different office.
followed by two days later 'I have neither the time or resources to deal with this'
When I said I was going to make a formal complaint, they said that doing so would mean they file would be locked for 8 weeks while they investigated and no progress could be made on the case until after the 8 week period and furthermore I could not have any information during this period.
So I have opted for an informal complaint at the moment just to find out what the problem is and have asked for copies of the communication between them and the land registry and between them and the vendors solicitor.
3 days later still no word - Any suggestions what the position might be and how best to proceed?
Edit: I should mention the house was on a bit of the land he did have title to - the land he didn't have title to comprises the garden including septic tank and garden office.
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Comments
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you have started the obvious course of action , what possessed your solicitor to "allow" you to complete when it appears there were serious gaps in precisely the area that you employed a solicitor to manage
as you have now chosen not to instigate a formal complaint then you'll just have to wait until you get so fed up with lack of progress that you bite the bullet and then start one.
May also be advisable to research how you sue your solicitor if it comes to that.0 -
I presume that my solicitors trusted that the vendors solicitor would have done the check that the vendor owned it. However since my solicitors haven't given me any information I can't say. Other than the replies they gave above the only other information they furnished is that
' the failure to register was due to the Sellers solicitors failing to respond to requests from us'
No mention of the their second attempt at registering at all - no mention of what the problem is and their attitude seems to be 'complain if you want, we don't care' and if you do we will wait for the full 8 weeks.0 -
The mainstream press would have a field day with this one.
"I paid a solicitor £X and they didn't complete the purchase for me"
"I thought I'd bought the house, but ..."0 -
Go to another solicitor the first solicitor will have to provided the case file to the new solicitor.
Then make a formal complaint the new solicitor may be able to help with this too.0 -
There should be a partner responsible for dealing with complaints. I'd suggest that is the next port of call.
However, this sounds more like a large coveyancing company, is it?0 -
It doesn't sound like it can be easily sorted (which may explain the lack of reassuring responses from the original firm). I would suggest you instruct another firm to advise you on your options.
Do you have a mortgage? The lender will be interested in getting it sorted out too - they can't repossess what you don't have title to.0 -
It was a small local company who are now trading as a large conveyancing operation. We first dealt with them when they were just two local solicitors.
It is the person responsible for complaints who said that we would have to wait the full 8 weeks as he was going on holiday and the file will be sealed and no progress made.
I have somewhat lost faith with the legal profession. I have to wait 8 weeks for them to reply - then go to the legal ombudsmen who might take months and then if it is proved that it isn't just poor service then on to the SRA. The only other option is to sue them which means spending a lot of money with another solicitor - and I have no guarantee the new solicitor will be any better. I would think solicitors stick together.0 -
No Mortgage, decided to go downsize and go mortgage free for the security it gave us. Some joke that!0
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The legal ombudsmen is the SRA.
As per my advise above go to another solicitor (local general solicitor) they will be able to get your file (solicitors don't stick together) then start your compliant. Whilst your compliant is being dealt with the new solicitor can find out what has happened with your house and advise if and where the previous solicitor has gone wrong. Yes it may cost money but if the previous solicitor has done something wrong they will probably pay your new fees to avoid you going to the SRA.0 -
4 years?! And you're worrried about a possible 8 week wait?
Given the inital response by your solicito, clearly this requires a formal complaint, followed by, if necessary, referral to the SRA.0
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