Seller's solicitors not answering questions, being unreasonable or just incompetent?

Tony_R

Well at 9am this morning I phoned the solicitor to inform him of my intentions to withdraw our offer, which he fully understands. He then told me that I would have to inform the EA, which I did.

However, the EA didn't answer the phone but another one did. Apparently the old EA has been taken off the case, and he has asked for 24 hours to push for answers. If they are still not forthcoming then I can still walk.

I then phoned my solicitor again, to hold off the closing the case for another 24 hours. I don't hold out much hope, but its totally in their court now.

Tony_R

timmyt wrote: »

why they have not been registered yet as the owners has not been explained yet to us readers, but sounds easily overcome.

As far as I understand the builders have have not completed with the current vendors so haven't registered in their name. However, as our contract with the builder is being arranged before this we want a clause to confirm that it will transfer to us later.

Basically, if they don't we could sign the contract and later find they won't transfer it to us.

Why would we agree to that?

G51shopaholic

As some else said - are you in England or Scotland?

Friend of mine bought a lovely house with a huge garden, only to find out that the previous owner had sold the garden to a builder who promptly came along and built two houses at the back of hers, using her drive as access.

Apparently this was all in the paperwork but as she used a Conveyancing company only (to save money) she lost out.

Use your head - if their dodging questions then they must have something to hide - otherwise they'd have answered immediately.

Also part exchange builder may have "ties" attached. It can have mre layers than a box of chocolates.

It sounds like you've got a good solicitor, you don't want to hand over money to find you've only bought the house and NOT the rest of the plot.

It has happened to a friend as I said.

Also recent cort case where new house owner was taken to court by builder for refusing to allow them to use her drive as access to land behind so they could built more houses.

Tony_R

England.

That sounds like a nightmare. Our garden is 100ft long.

G51shopaholic

sorry, just read your post again - if water is metered then your in England.

Railway line at the back of the house - I assume your solicitor wanted to find out if the current owners had any warning that the use of this line was going to change.

There was something in the news recently about residents being up-in-arms that a line at the rear of their properties was now being used 24-7.

They had been assured that it would only be used for passengers up to 10pm, but nobody asked about COMMERCIAL use, so they had coal trucks etc using the line right through the night!

How long have these people owned the house and why are they moving?

If you live close it might be worth talking to either the neighbours of the house or the local post-office. That way you'll get the answers you need.
Also a little peace-of-mind.

Tony_R

How long have these people owned the house and why are they moving?

As far as I know, they just want a bigger house and are moving to a totally different area as well.

not_loaded

Just a few things that occur to me.

Between the two of them, they’ve had more than enough time to answer (or rebut) your questions. They appear to be relying on you being ‘in love’ with this property and ‘proceeding anyway’.

People saying some questions are trivial is all very well, but they aren’t signing the contract and taking on the mortgage.

Their clause to keep your deposit if you decide to withdraw says it all really. What, at this stage is likely to make you withdraw? They know you want the property and they’re either:

1. Too lazy to provide answers, or
2. Hiding something.

Essentially it seems the builder will only own this property for seconds, maybe minutes. He can answer questions ‘to the best of his knowledge’ and ‘as far as he knows’, like the railway one for example. Those answers could well be fundamental to your happiness in this home.

Due to his brief ownership, the relevance of ‘as far as I know’ dwindles to absolutely nothing.

I’d reluctantly kill it off too. There’s too much at risk.

Good luck in moving on!

Tony_R

Just to give eveyone an update, if you are so interested.

We have finally walked away. I gave the manager of the Estate Agency a day to try and talk some sense into the sellers. He phoned me back, apologising that they are still being awkward and agrees I have no option to walk away. He also informed me that they are going to take it off their books as it is unsellable with their unanswered questions, unreasonable clauses and demands.

Time to move on...

MarieAAP

Thanks for the update TonyR

SimbaSimon

Tony_R wrote: »

Just to give eveyone an update, if you are so interested.

We have finally walked away. I gave the manager of the Estate Agency a day to try and talk some sense into the sellers. He phoned me back, apologising that they are still being awkward and agrees I have no option to walk away. He also informed me that they are going to take it off their books as it is unsellable with their unanswered questions, unreasonable clauses and demands.

Time to move on...

Based on others comments I think you did the right thing. No point buying a dud! Plenty of other houses out there.