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    • saxo_appeal
    • By saxo_appeal 6th Sep 17, 7:29 PM
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    saxo_appeal
    Persimmons - Pulling out from the Solicitors which Builder advised
    • #1
    • 6th Sep 17, 7:29 PM
    Persimmons - Pulling out from the Solicitors which Builder advised 6th Sep 17 at 7:29 PM
    Hi guys,

    We have currently paid the Reservation for the new build plot in our area and we have notified the cabin (at the Persimmons builders site) that we wish to go with Mcvey & Murricane in Glasgow Scotland

    I'm having second thoughts and I'm starting to read websites and people stating do not use the Solicitors which the Builders have advised

    I don't know what it is, but I just get the feeling I should pull the plug and use one of our local town Solicitors.

    Can anyone please advise at what stage you can terminate the dealings with the Solicitor, namely Mcvey and M.

    Also would I get charged for pulling out? We are now at the stage, through Emails, the offer documents from our builder.

    Something else which has popped up which we were neve told about was a Builders Documentation Fee @ £230, this is what has alerted me, and makes me think what else will we be asked to pay for which we haven't been told about
    Last edited by saxo_appeal; 06-09-2017 at 7:31 PM.
Page 1
    • davidmcn
    • By davidmcn 6th Sep 17, 7:37 PM
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    davidmcn
    • #2
    • 6th Sep 17, 7:37 PM
    • #2
    • 6th Sep 17, 7:37 PM
    If you haven't even been in touch directly with the solicitors then there's nothing really to "pull out" of, just find another firm and tell the builders who they are.
    • saxo_appeal
    • By saxo_appeal 6th Sep 17, 7:57 PM
    • 59 Posts
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    saxo_appeal
    • #3
    • 6th Sep 17, 7:57 PM
    • #3
    • 6th Sep 17, 7:57 PM
    Yes we have, we have been sending emails back and forth

    This is the last Email which was sent from them

    "Many thanks for completing the new build form. The next step is that one of our team will call you to arrange a telephone appointment with your conveyancer to discuss the contract"
    • davidmcn
    • By davidmcn 6th Sep 17, 10:05 PM
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    davidmcn
    • #4
    • 6th Sep 17, 10:05 PM
    • #4
    • 6th Sep 17, 10:05 PM
    Yes we have, we have been sending emails back and forth

    This is the last Email which was sent from them

    "Many thanks for completing the new build form. The next step is that one of our team will call you to arrange a telephone appointment with your conveyancer to discuss the contract"
    Originally posted by saxo_appeal
    Ok - have they sent you their terms of business? Told you what their fees are for abortive transactions? Not that I expect they've done enough work to justify a fee so far anyway. Just tell them to stop work and who you're using instead.
    • csgohan4
    • By csgohan4 7th Sep 17, 7:56 AM
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    csgohan4
    • #5
    • 7th Sep 17, 7:56 AM
    • #5
    • 7th Sep 17, 7:56 AM
    good call, best to use solicitors/conveyancers that you trust or near you


    Plus these solicitors may have a conflict of interest in ensuring the purchase has least problems for the vendor and not you
    "It is prudent when shopping for something important, not to limit yourself to Pound land"
    • aMuseMe
    • By aMuseMe 7th Sep 17, 9:49 AM
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    aMuseMe
    • #6
    • 7th Sep 17, 9:49 AM
    • #6
    • 7th Sep 17, 9:49 AM
    Persimmon are notorious for guiding you towards their own solicitors - it's because they have a good number of restrictive covenants that they don't want challenged (I'm in the process of renegotiating a number of mutually exclusive clauses that need removal).

    Be cautious of their Annual Management Charges for communal areas - especially if your property is a freehold (if it's a leasehold then you have more rights to challenge any AMC, but different problems in terms of whether or not the leasehold can be purchased from them in the future without incurring exorbitant costs). If no terms of business has been exchanged, you have no contract. Get an independent solicitor who has dealt with Persimmon contracts before.

    Good luck
    • davidmcn
    • By davidmcn 7th Sep 17, 9:55 AM
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    davidmcn
    • #7
    • 7th Sep 17, 9:55 AM
    • #7
    • 7th Sep 17, 9:55 AM
    Be cautious of their Annual Management Charges for communal areas - especially if your property is a freehold (if it's a leasehold then you have more rights to challenge any AMC, but different problems in terms of whether or not the leasehold can be purchased from them in the future without incurring exorbitant costs).
    Originally posted by aMuseMe
    It's in Scotland, so a rather different regime (and no leasehold nonsense to worry about).
    • kingstreet
    • By kingstreet 7th Sep 17, 10:26 AM
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    kingstreet
    • #8
    • 7th Sep 17, 10:26 AM
    • #8
    • 7th Sep 17, 10:26 AM
    Something else which has popped up which we were neve told about was a Builders Documentation Fee @ £230, this is what has alerted me, and makes me think what else will we be asked to pay for which we haven't been told about
    Originally posted by saxo_appeal
    You'll be expected to pay the engrossment fees (fees for registering the property for the first time) whichever solicitor you use. The builder should have informed you of this.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
    • davidmcn
    • By davidmcn 7th Sep 17, 10:29 AM
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    davidmcn
    • #9
    • 7th Sep 17, 10:29 AM
    • #9
    • 7th Sep 17, 10:29 AM
    You'll be expected to pay the engrossment fees (fees for registering the property for the first time) whichever solicitor you use. The builder should have informed you of this.
    Originally posted by kingstreet
    They're not a buyer's solicitor's disbursement, they're just a subsidy charged by the builder towards their own legal costs. Not objectively justifiable but they get away with it.
    • kingstreet
    • By kingstreet 7th Sep 17, 11:56 AM
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    kingstreet
    Agreed. That's why the builder should be disclosing them and not expecting the purchaser's solicitor to do it IMHO.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
    • saxo_appeal
    • By saxo_appeal 7th Sep 17, 12:30 PM
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    saxo_appeal
    My other half is mostly dealing with it all so she will have seen more as I'm away working


    The second last Email was the New Build Offer Email to look at and send back, along with the Report on Offer


    The last email was they were going to call to discuss contract which I mention in Post #3
    • saxo_appeal
    • By saxo_appeal 7th Sep 17, 12:36 PM
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    saxo_appeal
    You are not going to believe this


    They have just this second sent me an Email stating:
    "I am pleased to confirm that missives have now been concluded in respect of your purchase transaction and attach a copy of the concluding letter received for your information."


    The plot is for 669 Melrose ---, this isn't our Plot which we are buying...


    It has the customers names and address on the sheet attachment also


    This has totally knocked my confidence in them now!! This may be our ticket to change Solicitors without charge
    Last edited by saxo_appeal; 07-09-2017 at 1:23 PM. Reason: edit
    • davidmcn
    • By davidmcn 7th Sep 17, 12:43 PM
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    davidmcn
    Heh - well, if they promise not to charge you a fee, you can promise not to tell their other clients about their breach of confidentiality...
    • saxo_appeal
    • By saxo_appeal 7th Sep 17, 1:23 PM
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    saxo_appeal
    Myself and partner have replied back to the Solicitors with a vote of no confidence and due to them sending us confidential information what were their terms to cancel and change Solicitors


    Will wait to hear back
    • saxo_appeal
    • By saxo_appeal 7th Sep 17, 1:45 PM
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    saxo_appeal
    I have heard back, they say


    "
    As the missive has been advised you are in a concluding contract with the builders in terms of purchasing the property.

    I will look into this matter and revert to you as the contract is concluded."
    • m0bov
    • By m0bov 7th Sep 17, 1:55 PM
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    m0bov
    Its not the contract with the builders, its the contract with the solicitors?
    • davidmcn
    • By davidmcn 7th Sep 17, 2:06 PM
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    davidmcn
    I have heard back, they say


    "
    As the missive has been advised you are in a concluding contract with the builders in terms of purchasing the property.

    I will look into this matter and revert to you as the contract is concluded."
    Originally posted by saxo_appeal
    That doesn't even make sense. Just tell them to stop work and that you're instructing different solicitors.
    • saxo_appeal
    • By saxo_appeal 7th Sep 17, 2:16 PM
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    saxo_appeal
    Reply to my question from M0bov


    "
    The concluding contract is the one we have advanced between yourself and the builders for purchasing the plot.

    I can advise this would not happen again. I can understand of course your concerns however as previously stated none of your personal details have been distributed.

    Yes please come back to us and if you have any questions or queries please feel free to contact me by phone or email."


    Hmmm - Don't want to jeopardize us getting the plot now and the builder pulling away...
    Last edited by saxo_appeal; 07-09-2017 at 2:22 PM.
    • m0bov
    • By m0bov 7th Sep 17, 4:01 PM
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    m0bov
    I switched solicitors twice with my FTB purchase. Ask them how much you owe, then get the docs sent across to another solicitor. How much have you paid them on account? Did you get a copy of their fees?
    • saxo_appeal
    • By saxo_appeal 7th Sep 17, 4:11 PM
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    saxo_appeal
    Yes we got a copy of their fees at the beginning


    We haven't paid them a penny yet


    It was only when we received the Email that we had to pay for the Builders Documents Fee set the alarms ringing, we were never told about this from the beginning, so unsure whether or not it just comes up as standard.


    Sorry, very naïve to all this as first time buyers


    If we pull out, I don't want the builder to pull away also...
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