House buying issue

i4U

Hello All,

I am in the process of buying a house. The survey has been done and the mortgage has been approved. I am facing a problem that I didn't expect. My solicitors need the sellers solicitors details. However, the estate agents can't contact the seller. They are saying that the ring tone sounds that he is abroad. They are saying that they are calling him everyday and leaving messages and they will keep my posted on a daily basis. It's been a week, and he/she has not been contactable.

Should I be worried? I have already paid for a survey and hired solicitors. Do I have any legal protection? Firstly, I don't want lose the money and time I have invested into solicitors, survey etc, I would like to know if I am protected in this if the seller is not contactable.

And worst case scenario, can the seller still get out of sale without any consequences? What protection do I have as a buyer, if any?

Thank you in advance for your replies.

pawpurrs

Presumably you have had your offer accepted? If so when?
Vendor could be on holiday.
Either party can pull the plug at any point before exchange of contracts, just the way it is. I had a sale recently where the buyer pulled out and left me with a bill to pay for the soliceters, crap isnt it. If someone pulls out, i think they should be made to pay the other parties costs.
Vendor could well be on holiday, but its strange that they havent let their EA know, and its also odd if a sale has been agreed that they didnt leave their sol details for the memorandum of sale.
Perhaps you should do not further work, untill the vendor can be contacted.

hamblettamaud

i wonder is it possible to ask your solicitor to put things on hold for the moment? inevitably it will hold thingsup if the sale does go ahead, but at least you will be saving £££s if it fails somehow.

i4U

That is very worrying. I would have thought there would have been some protection in place. Yes my offer was accepted. I will instruct my solicitors to put things on hold. This makes me very angry and powerless.

QTPie

i4U wrote: »

I am in the process of buying a house. The survey has been done and the mortgage has been approved. I am facing a problem that I didn't expect. My solicitors need the sellers solicitors details. However, the estate agents can't contact the seller.

That is very odd. Don't you have a memorandum of sale? This is normally the first thing produced when an offer is accepted on a house and it has both the buyers and the seller (and both sets of solicitors) details on it. Then the second thing that happens is that the solicitors get into contact (so that the sellers solicitor can provide a whole ream of information - normally a big pack - to the buyer). This normally happens before a survey is done...

Hopefully it is very innocent, but, no, you have no protection/fallback if things fall-through before exchange (a seller doesn't either).

let us know what happens.

QT

i4U

No, I don't have a memorendum of sale. Should I have one? Does the seller need to have one before posting it on an estate agent for sale? What does the memorendum of sale include? Does it include the sellers solicitors contact details by any chance?

Swipe

The memorandum of sale normally includes the names and addresses of the vendor, the buyer and both parties solicitors

i4U

Yes, I just searched it.

However, I just need to know if the estate agent needs it before putting it up for sale?

QTPie

i4U wrote: »

No, I don't have a memorendum of sale. Should I have one? Does the seller need to have one before posting it on an estate agent for sale? What does the memorendum of sale include? Does it include the sellers solicitors contact details by any chance?

It is what an estate agent should send out the MOMENT a sale is agreed (i.e. offer accepted). Here is an example - http://www.uk-property-associates.com/memorandum-of-sale.html

It isn't a formal contract, but it states the necessary infromation (including solicitors details). It makes perfect sense to have one - am VERY surprised that the estate agent hasn't done one and doesn't have the seller's solicitor's details... when was the offer accepted?

QT

QTPie

i4U wrote: »

However, I just need to know if the estate agent needs it before putting it up for sale?

No, how can they? They need the BUYER'S DETAILS too to produce a Memorandum of Sale.

One would fully expect an estate agent to have the seller's solicitors details though... since a sale cannot proceed without the seller having one.

QT

i4U

The offer was accepted about two weeks ago. I have a letter from the estate agents that my offer was accepted. But I don't have a Memorandum of Sale.