Draft contracts and subsequent queries

frafferty

Our buyer and us are using the same solicitor firm - different branches and solicitors but the same firm.

Last week our solicitor approved our sellers draft contract and sent enquiries to their solicitor. At the same time the draft contract for our property was sent to our buyers solicitor but we have not had any enquiries raised regarding our property.

Our solicitor raised the enquiries herself with no input from us - we were just informed that she had done so when we received a huge chunk of paperwork in the post from her. So why might our buyers solicitor not have done this yet?

I'm getting all twitchy and nervous thinking about it. Selling houses is horrid.

timmyt

frafferty wrote: »

Our buyer and us are using the same solicitor firm - different branches and solicitors but the same firm.

Last week our solicitor approved our sellers draft contract and sent enquiries to their solicitor. At the same time the draft contract for our property was sent to our buyers solicitor but we have not had any enquiries raised regarding our property....every lawyer is different. They may have other erasons, such as the client saying 'go slow' or hold off until we sort our finance, or the papers are ok on their own without the need for enquiries. Do remember that conveyancing does not work on a daily basis. Lawyers are able to charge rock bottom price because they have a lot of clients. .

Our solicitor raised the enquiries herself with no input from us indeed, that is the point, she needs to be happy with the legal papers to be able to protect you and to satisfy your lender (if you are getting a mortgage) - we were just informed that she had done so when we received a huge chunk do you mean she took the time to prepare a nice Property Report summarising all the contract papers for you or do you mean her opening pack of papers with her terms of Business? of paperwork in the post from her. So why might our buyers solicitor not have done this yet?

I'm getting all twitchy and nervous thinking about it. Selling houses is horrid. you've only just started, everyone has their own timetable. welcome to a chain there are no signs from what you say of any issues

see in red above

frafferty

Thanks timmyt
The paperwork we recieved was thinks like the sellers PIQ and their deeds etc. And then a list of the enquiries that she was going to raise with our sellers solicitor. We have since thought of a few other things so will be asking her to pass those queries on also. Today we have received an email saying that she has received answers to her queries so we will be getting some more paperwork to peruse tomorrow.

Our buyers solicitor are alledgedly raising further queries with our solicitor but as of yet she has received nothing. I think there will definitely be some enquiries to come as we are in a high risk area for radon gas and we have a rentcharge clause in our deeds (although it has never been charged...)

timmyt

I am a conveyancing solicitor just so you know.

Your lawyer seems to be trickling things to you. I don't do that as you get totally confused, so would I. I get it all in (including answers to my enquiries) and then sumamrise it all in a bound report with attachments at that point.

You are then free to raise your own questions, though I seldom get many from clients to raise, as the Report is a product designed over years of experience to answers usual buyer questions...so are my enquiries of the Selling lawyer in the first place.

But if you don't mind the trickle then fine.

As for radon gas, that is not really a question you see even in affected areas. Many proeprties are, and the simple solution is ventilation, or if the Buyer won't accep that, they hold back a retention of money to cover any works that are actually needed.

Rent charge - if not paid the worst you will be asked is for your lawyer to agree to give the buyer 6 years worth of unpaid amounts.....that is the time limit for a money claim.

Both dismissed with a quick email back to the Buyer as I have just typed.

Don't panic yet, your lawyer can easily ask her colleague how it is going.

frafferty

Ah, so rentcharge is only claimable for 6 years? We've been here for 11 already..and it's only £1 a year anyway. Laughable.

There are some more complex issues that I was expecting to be raised as the property is ex-HA. Unless the solicitor has gone direct to the HA for the answers I suppose? As freeholders we still have topay a monthly maintenance charge for the shared areas of the Close - mostly for landscaping and I really thought that would throw up some queries...although tbh most modern developments have maintenance charges for landscaping these days as the councils don't want the extra work!

I'm very twitchy because our buyer is a self professed location snob and we are really not in a very good location at all but he didn't have enough money for his preferred location. Also he is coming from a 4 bed detatched in a very afluent area to a 2 bed ex-HA mid terrace in a very poor area as a result of his divorce. I keep thinking that something else might come up that is in a better location and at a price he can afford and that he will pull out on us. I hope not, we were very reasonably priced considering that this is the south east and that our town is mostly rows upon rows of crammed in terraces. Ours is a terrace but a very modern one with off street parking and big rooms so I'm hoping that will be enough to keep his interest!

I think we will get our solicitor to find out where the buyers solicitor is at later on when we send the email with our own queries. Thanks again

timmyt

frafferty wrote: »

Ah, so rentcharge is only claimable for 6 years? We've been here for 11 already..and it's only £1 a year anyway. Laughable.

There are some more complex issues that I was expecting to be raised as the property is ex-HA. Unless the solicitor has gone direct to the HA for the answers I suppose? As freeholders we still have topay a monthly maintenance charge for the shared areas of the Close - mostly for landscaping and I really thought that would throw up some queries...although tbh most modern developments have maintenance charges for landscaping these days as the councils don't want the extra work! agreed, so provided your lawyer supplied enough information about likely charges to expect and proof you are up to date with payments then there should be little to enquire about

I'm very twitchy because our buyer is a self professed location snob and we are really not in a very good location at all but he didn't have enough money for his preferred location. Also he is coming from a 4 bed detatched in a very afluent area to a 2 bed ex-HA mid terrace in a very poor area as a result of his divorce. I keep thinking that something else might come up that is in a better location and at a price he can afford and that he will pull out on us. Your lawyer needs to keep pressure up to get a quick exchange I hope not, we were very reasonably priced considering that this is the south east and that our town is mostly rows upon rows of crammed in terraces. Ours is a terrace but a very modern one with off street parking and big rooms so I'm hoping that will be enough to keep his interest!

I think we will get our solicitor to find out where the buyers solicitor is at later on when we send the email with our own queries. Thanks again

see above - good luck