Concluding missives in Scotland - how long?

jem16

My son's offer was accepted verbally just over 3 weeks ago. Since then nothing seems to have happened as his solicitor is still waiting on the written conditional acceptance pack coming back from his written offer.

I know things can take time sometimes but this seems a bit ridiculous although apparently there are two trustees involved on the selling side.

Is this normal?

googler

The first written response from the selling solicitor is either a qualified or unqualified acceptance of the written offer.

Qualified means "OK, we accept your offer but we have to iron out a few things before it's finalised"

Unqualified means "OK, we accept your offer. The deal is done, as far as we're concerned"

The issue of two trustees on the selling side shouldn't matter - if they've accepted verbally, they must have asked the trustees if the offer was accepted (you would think...).

If your son's solicitor has been just ... waiting .... for three weeks for a qualified or unqualified acceptance, he really should stop sitting on this thumbs and learn to pick up the phone, e-mail or write to the selling solicitor and chase him. He shouldn't be just sitting back and waiting.

jem16

googler wrote: »

The issue of two trustees on the selling side shouldn't matter - if they've accepted verbally, they must have asked the trustees if the offer was accepted (you would think...).

The trustees were both asked - it initially took around 5 days to accpet the verbal offer as one trustee was on holiday. Then the solicitor was supposedly sick etc, etc.

Would more than one solicitor be involved on the selling side with the trustees?

If your son's solicitor has been just ... waiting .... for three weeks for a qualified or unqualified acceptance, he really should stop sitting on this thumbs and learn to pick up the phone, e-mail or write to the selling solicitor and chase him. He shouldn't be just sitting back and waiting.

As far as we know my son's solicitors have been chasing it up and have already sent a reminder letter. They said the next course of action would be to set a deadline for a reply. My son has been told not to worry as sometimes these things just take time but this amount of time seems very unusual.

You would think the sellers would be pushing their solicitor as they have now moved out and into their new home. It's all rather unsettling as an entry date hasn't even been agreed yet.

jem16

Well still waiting on missives being concluded!

Qualified acceptance was received about three weeks ago so now officially in the hands of my son's solicitor. He has now requested the title deeds and planning permission for the loft coversion - but still waiting to get them and yes he has been chasing.

A few sticky points. We were informed shower on/off button was broken after offer was put in and have asked for this to be fixed. Standard clause was also inserted regarding central heating being in working order. Vendor's solicitors want both clauses removed and my son's solicitor was supposed to be discussing this with them.

It seems most of the problem is that the vendor has been declared bankrupt ( along with her ex) and it is the bankruptcy solicitors on both sides that are dealing with it. It appears that all the proceeds of the house are going to the bankruptcy order so that's why they are trying to get the clauses on the shower and central heating removed.

Still no entry date organised and no clear picture of what's happening!

Of course all of this was only found out after the verbal offer was made.

Has anybody any idea of how to get this moving? Have we just to sit and wait until the other solicitors get their act together or can we force the issue.

Do we just ahve to accept that there is no warranty on the shower and central heating? It's almost like a take it or leave it sale.

googler

Best way to get the other side moving is to tell them you ARE going to 'leave it'.

If they want to avoid the expense of putting the house back on the market, and having less money available for the bankruptcy order, your solicitor needs to impose some deadlines on the other, OR ELSE you'll walk away.

Only thing is, you have to be prepared to walk away.

jem16

Thanks googler.

Can he legally walk away? I thought a verbal offer was still binding in Scotland.

Of course I don't think he really wants to walk away but it is getting a bit ridiculous.

googler

If the two solicitors haven't concluded missives, you can walk away ('resile from the contract', in solicitor-speak) without penalty.

You are only legally bound to the purchase when the last letter (missive) passes between the solicitors agreeing the 'bargain' between them.

jem16

googler wrote: »

If the two solicitors haven't concluded missives, you can walk away ('resile from the contract', in solicitor-speak) without penalty.

You are only legally bound to the purchase when the last letter (missive) passes between the solicitors agreeing the 'bargain' between them.

Ok that's good to know - perhaps allows a bit of pushing power.

Assuming things get moving any idea where we stand on the central heating and shower? I don't really want my son to walk in on date of entry to find the boiler has packed up and have no comeback.