vendors solicitor hopeless - and Green Deal

firely2327 · 7 July 2017 at 6:58PM

After seeing a house in March this year, I put in an offer in early May and it was accepted. Yay! Vendor has already essentially moved out in part, to be across country with family, where they hope to buy asap. I've been pestered these last few weeks by the vendors agent with the 'have you got your mortgage approved yet?' question on a regular basis. [aside: my bank is a small branch, one mortgage advisor. He was ill so off for a week or so, then, as I have a permission to let on my current home, had to wait and provide additional documents. There was never any concern, just a bit longer to wait than I would have liked but it's all good now and confirmation received a few weeks ago]

Anyways, found out yesterday that the questions my solicitor sent to the vendors solicitor (VS) three and a half weeks ago (June 13th) were still unanswered. My solicitor rang theirs but was repeatedly told the person dealing with the case was unavailable. Apparently the VS emailed mine on 29th June saying they were ready to exchange contracts, while mine said "well, that's great, but you still haven't replied to our questions so we're not ready!" The agent was apparently told by the VS that they'd answered the questions, but mine was adamant that they got no reply. I was told the VS would email the answers over yesterday afternoon by 3pm but guess what, they didn't. After some harassing by me they finally did this afternoon. 5/11 questions answered!!!!! :mad:

One of the things that worries me is that the property info form stated that the boiler was installed on a Green Deal scheme. Now, the bank valued the property at the price I've agreed to pay, so I'm not signing up to a scheme and effectively paying more than the agreed price. Nor have the other side asked me to. Obviously even if they don't expect me to, I'll still need some assurance that I wont, upon completion, become liable for such a contract. However, the VS replied to the question of details regarding the scheme with (I paraphrase slightly), "the vendor has no details of what they're paying and no documentary evidence of the contract, amounts, bills etc".

I smell something awry. Personally I think the VS is about as incompetent as they can get.:( All along I've been assured the vendors want to deal asap as they are keen to buy in the East and have seen a property they want, and their agent keeps hassling me for a quick resolution.... I'm eager to complete ASAP as I'm doing a 5hr commute round trip to get to work 1-2 days a week, and in a few weeks time will need to be there 5 days a week. Driving me nuts now, and worried. Should I start looking elsewhere for a house or am I being a bit melodramatic? Have emailed vendors agent this evening with a clear message: if your side doesn't start giving sensible information by lunchtime Monday then the deal is off.

eddddy · 7 July 2017 at 7:12PM

firely2327 wrote: »

tHave emailed vendors agent this evening with a clear message: if your side doesn't start giving sensible information by lunchtime Monday then the deal is off.

But do you really mean that?

If you don't, you might look a bit foolish on Monday afternoon.

Perhaps it's better to just start looking at other properties - and if you find one you like, make a judgement on whether to abort this purchase and start on a new purchase.

In the meantime, I would just remain 'business-like'. Send brief factual emails to the EA explaining what is still outstanding, and ask them to chase their client.

Edit to add....

It's worth bearing in mind that it's the vendor who answers most pre-contract enquiries.

If answers are late or incomplete, it's likely to be the vendor's fault. A solicitor can't force their client to answer questions.

lisssa · 7 July 2017 at 7:13PM

Hi
Think the following will help :-

HOW DOES THE GREEN DEAL WORK?
Under the Green Deal, the government will offer loans to any UK home or business wanting to make energy efficient improvements to their property. The loan can be taken for up to 25 years and is added to the property's utility bills. The debt stays with the property, so when an occupant moves, the new owner or tenant will take on the repayments. There is a Golden Rule which states that expected savings over 25 years must be equal to, or higher, than the initial cost of installing the energy efficient device.

Google green deal scheme , tells you all about it .
If you are not getting any sense from the conveyancer , personally I would be getting the estate agent to contact the vendor direct and asking them to provide copies of their utility bill as it will have to clearly state on their what they are being charged !

glentoran99 · 7 July 2017 at 7:17PM

firely2327 wrote: »

One of the things that worries me is that the property info form stated that the boiler was installed on a Green Deal scheme. Now, the bank valued the property at the price I've agreed to pay, so I'm not signing up to a scheme and effectively paying more than the agreed price.

You've no Choice, so you either accept it or move on http://www.greendeal.co.uk/boiler-replacement-green-deal

"The debt stays with the property, so when an occupant moves, the new owner or tenant will take on the repayments"

Thrugelmir · 7 July 2017 at 7:36PM

firely2327 wrote: »

A Personally I think the VS is about as incompetent as they can get.

Responses are the vendors. The solicitors will have no knowledge of the property. VS will simply act on the instructions of their client, nothing more nothing less.

Mobeer · 7 July 2017 at 8:36PM

glentoran99 wrote: »

You've no Choice, so you either accept it or move on http://www.greendeal.co.uk/boiler-replacement-green-deal

"The debt stays with the property, so when an occupant moves, the new owner or tenant will take on the repayments"

The option would be to demand the sale price be lowered by the total amount owed on the green deal contract.

Though it seems irrelevant now given the sale is likely off come Monday lunchtime.

firely2327 · 8 July 2017 at 7:31PM

lisssa wrote: »

Hi
Think the following will help :-

HOW DOES THE GREEN DEAL WORK?
Under the Green Deal, the government will offer loans to any UK home or business wanting to make energy efficient improvements to their property. The loan can be taken for up to 25 years and is added to the property's utility bills. The debt stays with the property, so when an occupant moves, the new owner or tenant will take on the repayments. There is a Golden Rule which states that expected savings over 25 years must be equal to, or higher, than the initial cost of installing the energy efficient device. !

I have seen this before, however it's not so clear cut. The house I'm in at the moment, I volunteered to take over the Green Deal scheme in order to lower the purchase price as there were a few jobs that needed doing in the property that were going to cost a bit. Up until that point the vendors had been planning on paying off the boiler, installed less than a year previously on the Green Deal scheme, on the completion day, leaving me free of the scheme. The costs were not added to utility bill each month, and the vendor had the option, as do I now, to pay off the remaining balance at any time during the contractual period of 10 years. The money is paid each month to the company that installed the boiler, not the gas or electricity company, hence no connection with utilities whatsoever. Information online regarding the Green Deal scheme doesn't appear to mention this scenario at all, which makes me wonder. It not exactly black and white and it is obviously possible to clear the debt before passing on the property to new owners.

firely2327 · 8 July 2017 at 7:33PM

eddddy wrote: »

But do you really mean that?

If you don't, you might look a bit foolish on Monday afternoon.

Perhaps it's better to just start looking at other properties - and if you find one you like, make a judgement on whether to abort this purchase and start on a new purchase.

In the meantime, I would just remain 'business-like'. Send brief factual emails to the EA explaining what is still outstanding, and ask them to chase their client.

Edit to add....

It's worth bearing in mind that it's the vendor who answers most pre-contract enquiries.

If answers are late or incomplete, it's likely to be the vendor's fault. A solicitor can't force their client to answer questions.

Vendors solicitors have been caught out telling lies; they can't prove they emailed the answers weeks ago like they claimed, then they contradicted themselves saying they hadn't replied. Vendor is very keen to proceed asap according to EA so I do blame the VS.

And yep, I mean it re looking elsewhere. Have already been online to look at alternative properties to view next week

firely2327 · 8 July 2017 at 7:35PM

glentoran99 wrote: »

"The debt stays with the property, so when an occupant moves, the new owner or tenant will take on the repayments"

Unless the vendor clears the debt before completion, as the previous owners of my current property were prepared to do. Nothing stopping them legally from doing this.

eddddy · 8 July 2017 at 7:48PM

Yes - like I say, starting to look at other properties is a very sensible approach to take:

firely2327 wrote: »

And yep, I mean it re looking elsewhere. Have already been online to look at alternative properties to view next week

As opposed to making ultimatums like this:

firely2327 wrote: »

Have emailed vendors agent this evening with a clear message: if your side doesn't start giving sensible information by lunchtime Monday then the deal is off.

Otherwise, if you don't find anything better, you might regret calling off this deal.

Thrugelmir · 8 July 2017 at 9:21PM

firely2327 wrote: »

Vendors solicitors have been caught out telling lies; they can't prove they emailed the answers weeks ago like they claimed, then they contradicted themselves saying they hadn't replied. Vendor is very keen to proceed asap according to EA so I do blame the VS.

So easy to blame the solicitors when they cannot defend themselves. The vendors solicitors however are not going to say that the vendor refuses to supply us with the required information. They know full well that the transaction isn't going to proceed without the matter being resolved. Therefore simply stall for time.

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vendors solicitor hopeless - and Green Deal

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