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    • Falco78
    • By Falco78 10th Jan 18, 6:21 PM
    • 4Posts
    • 0Thanks
    Falco78
    Advise needed on loss of sale
    • #1
    • 10th Jan 18, 6:21 PM
    Advise needed on loss of sale 10th Jan 18 at 6:21 PM
    After 10 months my buyer has just pulled out from the sale of my property. It seems that my solicitor, and hers were culpable in their mis-handling of matters, taking too long to respond / chase and deal with matters. I have complained about the paralegal as no solicitor was involved. What should I do??
Page 1
    • marliepanda
    • By marliepanda 10th Jan 18, 6:22 PM
    • 5,023 Posts
    • 10,196 Thanks
    marliepanda
    • #2
    • 10th Jan 18, 6:22 PM
    • #2
    • 10th Jan 18, 6:22 PM
    Get a new solicitor and remarket.
    Survey Earnings 2017 - £163
    • eddddy
    • By eddddy 10th Jan 18, 6:25 PM
    • 5,662 Posts
    • 5,356 Thanks
    eddddy
    • #3
    • 10th Jan 18, 6:25 PM
    • #3
    • 10th Jan 18, 6:25 PM
    Unfortunately, there's not much you can do - apart from try to persuade the buyer to wait a bit longer.

    What was the buyer still waiting for, that caused them to give up and walk away?
    • Falco78
    • By Falco78 10th Jan 18, 9:00 PM
    • 4 Posts
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    Falco78
    • #4
    • 10th Jan 18, 9:00 PM
    • #4
    • 10th Jan 18, 9:00 PM
    It has taken too long and she didn't feel confident that it would be brought to completion, it was like groundhog day. My query was really around how to manage the situation with the solicitor. Is it common not to have one? Just a paralegal?
    • CommitedToChange
    • By CommitedToChange 10th Jan 18, 9:03 PM
    • 1,213 Posts
    • 3,838 Thanks
    CommitedToChange
    • #5
    • 10th Jan 18, 9:03 PM
    • #5
    • 10th Jan 18, 9:03 PM
    What issues caused it to take 10 months - were you in a chain?
    Attempting to buy a house
    • Falco78
    • By Falco78 10th Jan 18, 9:26 PM
    • 4 Posts
    • 0 Thanks
    Falco78
    • #6
    • 10th Jan 18, 9:26 PM
    • #6
    • 10th Jan 18, 9:26 PM
    So it's a shared ownership property, which actually wasn't what caused the problem. The sale was actually agreed in January. I instructed my solicitor (paralegal) in March. I think she seemed to have no idea how to bring the sale to completion. I complained to a partner at the firm, his response hasn't been great. No one seems to be able to pin point any one thing, other than both solicitors have not communicated well...
    • csgohan4
    • By csgohan4 10th Jan 18, 9:28 PM
    • 4,129 Posts
    • 2,588 Thanks
    csgohan4
    • #7
    • 10th Jan 18, 9:28 PM
    • #7
    • 10th Jan 18, 9:28 PM
    After 4 weeks and no movement I would have remarketed. You need to see this as a business as well, you need to look after your own interests.
    "It is prudent when shopping for something important, not to limit yourself to Pound land"
    • tizerbelle
    • By tizerbelle 10th Jan 18, 9:30 PM
    • 1,469 Posts
    • 3,142 Thanks
    tizerbelle
    • #8
    • 10th Jan 18, 9:30 PM
    • #8
    • 10th Jan 18, 9:30 PM
    The sale was actually agreed in January. I instructed my solicitor (paralegal) in March..
    Originally posted by Falco78
    At best that's 4 weeks to instruct a solicitor, at worst about 12 weeks - why would it take so long for you to instruct a solicitor?
    • Falco78
    • By Falco78 10th Jan 18, 9:44 PM
    • 4 Posts
    • 0 Thanks
    Falco78
    • #9
    • 10th Jan 18, 9:44 PM
    • #9
    • 10th Jan 18, 9:44 PM
    Thanks all for responses.
    • steampowered
    • By steampowered 11th Jan 18, 8:15 AM
    • 2,072 Posts
    • 1,944 Thanks
    steampowered
    It is common for a paralegal to do all of the work. The reality is that the price charged for low-cost conveyancing services does not cover a solicitor.

    However that is no excuse for poor service. If you received poor service you can complain through the firm's complaints procedure, and instruct a different conveyancing firm next time.
    • Rambosmum
    • By Rambosmum 11th Jan 18, 9:16 AM
    • 1,558 Posts
    • 2,019 Thanks
    Rambosmum
    Remarket and get another solicitors firm. Continue with the complaint, you can go to the ombudsman if you want.

    Why did it take so long for you to insruct your solicitor?
    • eddddy
    • By eddddy 11th Jan 18, 9:27 AM
    • 5,662 Posts
    • 5,356 Thanks
    eddddy
    I think she seemed to have no idea how to bring the sale to completion.
    Originally posted by Falco78
    What exactly do you mean?

    For example, if you mean your solicitor requested info from your Housing Association, but didn't get replies - you needed to chase up the Housing Association. Solicitors don't really do that kind of chasing.

    Ideally, you really need to understand what went wrong.

    Sticking with the example above, if the problem is an unresponsive Housing association, changing solicitors won't help.


    The 'Paralegal' versus 'Solicitor' question isn't really relevant. It's more to do with specialism and experience (and workload).

    In fact, I find solicitors (especially senior solicitors) much harder to get hold of, and much slower to respond, than the more junior paralegals.
    • lotteryman
    • By lotteryman 11th Jan 18, 9:43 AM
    • 46 Posts
    • 36 Thanks
    lotteryman
    Although the work was carried out by a paralegal your contract is probably with the solicitor so the solicitor is responsible for overseeing the work of the paralegal.
    The solicitor should have a complaints procedure so in the first instance you should lodge a formal complaint with them.
    If you are unhappy with the response you have recourse through the ombudsman.
    See http://www.lawsociety.org.uk/for-the-public/using-a-solicitor/complaints/
    • G_M
    • By G_M 11th Jan 18, 11:10 AM
    • 42,776 Posts
    • 50,001 Thanks
    G_M
    As others have said, it's impossible to attribute blame without knowing exactly what happened, where the delays were, and who, or what, caused them.

    Was this a local firm of solicitors? If so, how often did you go in to discuss the issues with them? With what result?

    Or was it a (cheap?) online conveyancing warehouse (with one solicitor overseeing 30 paralegals each handling 50 cases.........)?

    As others have said, choose a diffenet firm next time, based on how well you get on with them when you meet to discuss instructing them.

    If you wish to complain, follow the firms internal complaints process, and then escalate to the legal ombudsman.
    • ReadingTim
    • By ReadingTim 11th Jan 18, 1:37 PM
    • 2,287 Posts
    • 3,245 Thanks
    ReadingTim
    As others have said, it's impossible to attribute blame without knowing exactly what happened, where the delays were, and who, or what, caused them.
    Originally posted by G_M
    It's also possible that nothing went wrong at all, but that the buyer simply got cold feet and decided to 'blame' the solicitors instead - conveyancing always takes longer than people expect, and SO adds an extra degree of complexity/time - perhaps the buyer had unrealistic expectations, which weren't managed correctly by her own advisers.

    There's no harm in putting in a complaint, especially if you had doubts as to the speed of the service during the process. However, I'd also take what the buyer says with a punch of salt, as it's easier for them to blame someone else rather than themselves.

    To what extent did you have an inkling things were taking too long before your buyer pulled out?
    • tizerbelle
    • By tizerbelle 11th Jan 18, 2:02 PM
    • 1,469 Posts
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    tizerbelle
    The OP hasn't confirmed how long it took them to instruct their solicitor in the range of 4 to 12 weeks after the offer was accepted. Even 4 weeks, IMO is far too long to instruct a solicitor (you're selling a house, you know you'll need a solicitor, you get one lined up ready as soon as the house is on the market) . My suspicion is that this lax/slow proceeding attitude may well have continued by the OP in responding to queries, chasing progress etc and that the overall delay is as much the OP's responsibility as any of the others involved.
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