So near...so far... a few annoyances

clutton_2

what an utter nightmare ! its left me thinking, i aint selling to anyone in a chain EVER !! i DO hope this sorts itself out soon for you

dfarry

My solicitor copied me a email today from the obstructive solicitor.... it seems like her clients buyer is insisting on the VoD... but at least she accepts she needs to get on and do something about it now... in her mail she promised to keep my solicitor updated.

robwend

flipping ek i need a drink after reading that mess

silvercar

We paid decent money for a good solicitor and our seller got the cheapest one they could find. It showed, and slowed the whole chain down to a standstill. On the day we were meant to exchange he still hadn't got a redemption figure for the mortgage. In the end we reached the point where we had to exchange by the end of the month (June) or we wouldn't be able to complete before September. This seemed to get him moving and we exchanged. It really annoyed me that we were paying for a decent solicitor and they were free riding of his tails.

dfarry

silvercar wrote:

It really annoyed me that we were paying for a decent solicitor and they were free riding of his tails.

Its the reverse in my case it seems, I paid the least money I could for a solicitor whereas I think my Buyers used the Estate Agents conveyancers (and would have paid quite a high price).... it is a gamble really...

Me_Myself_2

EA's solicitors do have a reputation for being slow (sorry if this criticises some unfairly).

dfarry

Today our vendor threatened - no exchange by 31/8/2006 - no sale (and he'll put the house back on the market).

An empty threat I reckon because he is as keen as us to move.... and taking that action just lengthens things. So everything hinges on the DoV which should be received early next week.

Quite worryingly my solicitor said that the assistant she spoke to today at my buyers solicitor said they were still waiting for their clients signed contract papers and as yet no deposit funds had been received.... leaving it a bit late aren't they.... especially as we were going to complete last week originally!!

dfarry

The end is nigh…..

It’s been a week since I last updated and for those reading this thread you will know that tomorrow is D-DAY.

After today, I, my solicitor, my estate agent, my buyer and my vendor are absolutely livid with my buyers solicitors – the sheer bloody mindedness, disregard for people and overall gross professional misconduct is beyond comprehension.

And so the story goes….

Over the last few days all parties have kept the pressure on my buyers solicitors, regular calls…. emails etc… however the solicitors are part of a large call centre type setup so invariably you sit on the phone waiting to be answered to be told “sorry that person is away this week on leave”

As far as I am aware the bottom of our chain has proceeded to exchange/completion, it’s just from my buyer onwards really. Just to recap the initial problem was the release of funds for the key worker, then the Variation of Deed problem came up due to the windows my buyer fitted to his lease hold property. Also everyone involved with the sale/purchase were happy to go with retrospective consent EXCEPT MY BUYERS SOLICITORS OF COURSE!!!

On Friday I had some good news from my solicitor, my buyers solicitor would accept the draft VoD for exchange of contracts, and this was being sent over by his buyers solicitor – it was expected to be delivered yesterday.

Yesterday came and my solicitor was advised “sorry no VoD” which she duly advised me. I advised my solicitor to tell my buyer to tell his buyer to get onto the solitors sending the VoD to make sure they had done so.

9:30 this morning GREAT NEWS!!! The draft deed of variation is in, my buyers solicitor though on leave this week has passed the file to a partner and he will review the draft VoD. In fact the VoD had come in yesterday but the company did not tell my solicitor (no surprise there)…. But we were just glad that the paperwork was there and being dealt with. My estate agent was happy… no doubt my vendors and their solicitor were also…… WE CAN EXCHANGE THIS MORNING!!!

At this point my solicitor and vendors solicitor were exchanging mails over completion dates…. “My clients would like the 8th Sept. to prepare, pack etc…” to which my response was “prefer 4th/5th so kids can start new school and new term with the other children, but happy to agree an alternative if necessary”

Then at lunchtime it all went badly wrong….. my solicitor and estate agents called…. They had been sitting on the phone, queued for most of the morning. Apprently they were disconnected a number of time whilst waiting and when they got through were basically dismissed “Sorry but the partner has not looked at the draft VoD as he has other important issues to see to first”. This continued throughout the afternoon, with both my estate agent and solicitor frankly being totally disregarded.

At about 5pm there had still been no word from the partner who was supposed to be looking at the VoD, instead all my solicitor got in an email was the following…

Emma,

we have only received the draft deed of variation this morning, XXXXXXX is on annual leave so Partner XXXXXXXX is dealing with the Deed. Once we have approved the Deed, we will still the engrossed copy of the Deed so, as it currently stands, we are not in a position to exchange
Sorry Emma

XXXXXXXX
Trainee Solicitor

Clearly this is in complete contradiction to what we have already been told… my solicitor replied accordingly and told them that she had email proof that they had received the VoD yesterday and also that it had been agreed that draft VoD was sufficient for exchange.

So it seems like we are back to square one…..these so called PROFESSIONALS are unbelievable.

In the meantime my estate agent had spoken to my buyer who has also been trying to get through to the solicitors, sitting on the phone, getting nowhere to then be told “sorry we can not do anything until the papers have been approved”. I have no idea what my vendor, his estate agent or solicitor make of all this and as far as I am aware the 31st August deadline stands for him (and as much for me really because of the kids and school)…..also at stake here is my job because the move is part of a relocation package.

My estate agent suggested that whilst my buyer has done everything he can we should give him a deadline of 12 noon tomorrow, at which point our house will go back on the market. That is not what I want but perhaps…. Just perhaps it may spurn his solicitors into action to save the whole thing from collapsing at the last minute. Really he has all day tomorrow but as I said I am not sure what my vendor will do, or for that matter what the next step will be for us (the timing on this was so critical you see). Apparently he was very angry (not with us) but with the solicitors and has vowed to speak to them at 9am tomorrow to insist that they carry out his instructions.

I understand that my buyer is planning to take his case to the law society (with the VoD and other cost he is significantly out of pocket already)…. Our costs are not short of £1000 now and that’s not including the loss of interest as around £14000 of our money is sitting elsewhere in anticipation of the move. I decided to call the Law Society also to see if they could intervene, they said they could but my buyer would need to call them. I have also told my EA to tell the buyer this and give him a contact name – apparently the Law Society will contact the solicitors and ask them to explain their actions to my buyer (though they can not tell the solicitor what action to take).

So the outlook then is not good…. I, my partner and kids are thoroughly drained by the whole thing… our lovely new house, new area, new school seems tantalisingly close yet it may be have been just a temporary dream!

dfarry

The end is nigh…..

It’s been a week since I last updated and for those reading this thread you will know that tomorrow is D-DAY.

After today, I, my solicitor, my estate agent, my buyer and my vendor are absolutely livid with my buyers solicitors – the sheer bloody mindedness, disregard for people and overall gross professional misconduct is beyond comprehension.

And so the story goes….

Over the last few days all parties have kept the pressure on my buyers solicitors, regular calls…. emails etc… however the solicitors are part of a large call centre type setup so invariably you sit on the phone waiting to be answered to be told “sorry that person is away this week on leave”

As far as I am aware the bottom of our chain has proceeded to exchange/completion, it’s just from my buyer onwards really. Just to recap the initial problem was the release of funds for the key worker, then the Variation of Deed problem came up due to the windows my buyer fitted to his lease hold property. Also everyone involved with the sale/purchase were happy to go with retrospective consent EXCEPT MY BUYERS SOLICITORS OF COURSE!!!

On Friday I had some good news from my solicitor, my buyers solicitor would accept the draft VoD for exchange of contracts, and this was being sent over by his buyers solicitor – it was expected to be delivered yesterday.

Yesterday came and my solicitor was advised “sorry no VoD” which she duly advised me. I advised my solicitor to tell my buyer to tell his buyer to get onto the solitors sending the VoD to make sure they had done so.

9:30 this morning GREAT NEWS!!! The draft deed of variation is in, my buyers solicitor though on leave this week has passed the file to a partner and he will review the draft VoD. In fact the VoD had come in yesterday but the company did not tell my solicitor (no surprise there)…. But we were just glad that the paperwork was there and being dealt with. My estate agent was happy… no doubt my vendors and their solicitor were also…… WE CAN EXCHANGE THIS MORNING!!!

At this point my solicitor and vendors solicitor were exchanging mails over completion dates…. “My clients would like the 8th Sept. to prepare, pack etc…” to which my response was “prefer 4th/5th so kids can start new school and new term with the other children, but happy to agree an alternative if necessary”

Then at lunchtime it all went badly wrong….. my solicitor and estate agents called…. They had been sitting on the phone, queued for most of the morning. Apprently they were disconnected a number of time whilst waiting and when they got through were basically dismissed “Sorry but the partner has not looked at the draft VoD as he has other important issues to see to first”. This continued throughout the afternoon, with both my estate agent and solicitor frankly being totally disregarded.

At about 5pm there had still been no word from the partner who was supposed to be looking at the VoD, instead all my solicitor got in an email was the following…

Emma,

we have only received the draft deed of variation this morning, XXXXXXX is on annual leave so Partner XXXXXXXX is dealing with the Deed. Once we have approved the Deed, we will still the engrossed copy of the Deed so, as it currently stands, we are not in a position to exchange
Sorry Emma

XXXXXXXX
Trainee Solicitor

Clearly this is in complete contradiction to what we have already been told… my solicitor replied accordingly and told them that she had email proof that they had received the VoD yesterday and also that it had been agreed that draft VoD was sufficient for exchange.

So it seems like we are back to square one…..these so called PROFESSIONALS are unbelievable.

In the meantime my estate agent had spoken to my buyer who has also been trying to get through to the solicitors, sitting on the phone, getting nowhere to then be told “sorry we can not do anything until the papers have been approved”. I have no idea what my vendor, his estate agent or solicitor make of all this and as far as I am aware the 31st August deadline stands for him (and as much for me really because of the kids and school)…..also at stake here is my job because the move is part of a relocation package.

My estate agent suggested that whilst my buyer has done everything he can we should give him a deadline of 12 noon tomorrow, at which point our house will go back on the market. That is not what I want but perhaps…. Just perhaps it may spurn his solicitors into action to save the whole thing from collapsing at the last minute. Really he has all day tomorrow but as I said I am not sure what my vendor will do, or for that matter what the next step will be for us (the timing on this was so critical you see). Apparently he was very angry (not with us) but with the solicitors and has vowed to speak to them at 9am tomorrow to insist that they carry out his instructions.

I understand that my buyer is planning to take his case to the law society (with the VoD and other cost he is significantly out of pocket already)…. Our costs are not short of £1000 now and that’s not including the loss of interest as around £14000 of our money is sitting elsewhere in anticipation of the move. I decided to call the Law Society also to see if they could intervene, they said they could but my buyer would need to call them. I have also told my EA to tell the buyer this and give him a contact name – apparently the Law Society will contact the solicitors and ask them to explain their actions to my buyer (though they can not tell the solicitor what action to take).

So the outlook then is not good…. I, my partner and kids are thoroughly drained by the whole thing… our lovely new house, new area, new school seems tantalisingly close yet it may be have been just a temporary dream!

MortgageMamma

Good god my heart goes out to you. Fingers crossed something will happen today. I think you need to sit down and have a drink or take some Kalms or something, sorry I can't be of more help, I can see you are going through hell with this.

I'll keep my fingers crossed for you everything works out and you get your kids in their new school on time/start your new job OK.

MM