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

dfarry

Thanks MM...

The latest is that the draft VoD has been approved and sent back to the buyers solicitor, however my buyers solicitor is still insisting on engrossment of the VoD.

Apparently my buyer has been onto them first thing this morning and they have charged him £1500!!!! just to do the VoD, that's outrageous as well... this firm sounds like one to be avoided at all costs.... COWBOYS!!!

I think the next angle of attack is for his buyer to speak to their solicitor and then push for exchange today with the now agreed draft.

MortgageMamma

dfarry wrote:

Thanks MM...

The latest is that the draft VoD has been approved and sent back to the buyers solicitor, however my buyers solicitor is still insisting on engrossment of the VoD.

Apparently my buyer has been onto them first thing this morning and they have charged him £1500!!!! just to do the VoD, that's outrageous as well... this firm sounds like one to be avoided at all costs.... COWBOYS!!!

I think the next angle of attack is for his buyer to speak to their solicitor and then push for exchange today with the now agreed draft.

Good luck, some light at the end of the tunnel at last eh.

Keep us posted and keep calm!

Ems*Honie

Oh my, I thought we were having a night mare,, goodluck for today xxxx

dfarry

The Bad get Badder

After the games of yesterday….true to form things got worse today.

As you may have read, my buyers buyers solicitor insisted on the Variation of Deed after it came to light that the freeholder had not granted consent for replacement double glazing to be fitted to his leasehold property.

So the VoD was drawn up last week by the solicitors acting for the freeholder and sent to my buyers solicitor, this was received by them on Tuesday but the senior partner that had been passed the document did nothing until today.

So it was with some surprise that today we were advised that the draft VoD had been read, agreed and sent onto my buyers buyers solicitor. Apparently the fee to my buyer for this service has been £1500 plus £30 telegraphic transfer because he didn’t have enough of a credit limit to cover it with plastic.

Unfortunately my buyers buyers solicitor is also on holiday, but at least they are more organised and they duly sent the draft VoD to the solicitor at home. At this point we thought “great – more delays”… but it was with much surprise again that I was advised…. The buyers buyers solicitor has read the document at home…….. BUT……and it’s a very big BUT!!...

The document reads “If the lessor sells the property within xxxx time the sum of _____________ will need to be paid…….

Basically the freeholders solicitor had missed off the amount that would need to be paid, and the so called senior partner acting for my buyer (who took two days to supposedly proof read this document) had also missed such a crucial part!! COMPLETE AND UTTER INCOMPETANCE YET AGAIN!!!!

There for my buyers buyers solicitor has had to return the document to my buyers solicitor where it will be sent back to the freeholders solicitor, then re drafted, then sent back again through that chain, proof read, agreed and then engrossed finally…. and all it seems before exchange of contracts. How long will that little lot take, especially as my buyers solicitor can not be trusted to do anything right.

I have not had word from my vendor today although both their estate agent and solicitor has been kept informed, they do seem to be adamant that if they didn’t exchange today they would remarket the property.

In our case we wanted to move at the latest the 5th Sept, because of the school term but we have given some ground on this and have now decided to send the children back to their existing school and move them whenever we complete (again this is dependent upon my vendors waiting for us and also the new school holding the places until we can use them.

Realistically the new VoD wont be ready for another week and what’s to say that wont be wrong. My estate agent has asked my vendor to hold on for one week but really that will not be long enough now.

We have been considering alternative with my estate agents and solicitor, my buyer has apparently been doing the same and absolutely beside himself with anger over his solicitors mistakes. REMEMBER this issue was highlighted to the solicitors many weeks ago when the standard paperwork was completed by my buyer.

It looks like my vendor will remarket and I’m not sure whether to do the same now, or just call it a day, pay my disbursements (no sale no fee arrangement) and then claim for losses through the law society. I could just wait now… let the solicitors do their stuff…as slow as they are and hope that our vendors will let us buy the house in a few weeks if they don’t sell it in the meantime….

Perhaps I should take a lead from my buyers solicitors.... chill out, take it easy, don't give a damn about anyone!

Mrs_Optimist

Well.... how did you get on? Did you exchange/complete?

silvercar

Poor you!

Ridiculous that they cannot email between the solicitors saying XXX should of course read £1500 and be done with it. In fact it all seems so obstructive you wonder if someone has another agenda.

I wonder if a call to the law society would boost people into action.

Don't give up, however succesful a complaint against the solicitor is, it won't get you your house.

Hope the school agree to hold the place for you! Can't believe that you've now got something else to worry about.

dfarry

Did we exchange or complete??????? hehe as if...

I did call the Law Society but they said they needed to hear from my buyer... I'm not sure if he did today... certainly yesterday I was getting the impression he was get ignored too.

Me_Myself_2

Any progress Dan?

dfarry

Not much progress unfortunately...

By Friday I think it save to say that everyone was doing what they could. Obviously alot depends on my vendor and as far as I am aware he is remarketing his place though realistically he isn't going to complete with a new buyer than he is with me.

Apparently his estate agents have advised him to hang on, wait and hope that we finally exchange sometime this next week. According to my solicitor my vendor has already lost alot of money because of this delay - a deposit on a new home in France as well as up front payments for storage in France so I can appreciate how angry he must be.

Also my buyers buyers estate agents are also on the case, they know the freeholders solicitor well and are apparently trying to pull strings there to turn the deed of variation quicker. According to my solicitor we should stay calm as "everyone is rooting for you". I can't fault my solicitor and even my estate agents (OK I know they want the sale badly) - but I have to say they really have chasing things non-stop, it's just a shame my buyers solicitors have been so poor.

Yesterday we received a transfer deed (TR1) signed by our buyers so we need to get that back, it was accompanied by a letter from their solicitor "We have approved the draft deed of variation and await the engrossed copy) - yeah right!!!!!!!! shame it took you two days to approve a legal document that clearly you didn't read properly!!

School is a problem now, it looks like we will have to keep the kids off school for at least a week.. assuming the school is OK...and we also need to let the new school know as well.

So it's still a confusing mess, hopefully to come good in the next week.

dfarry

Unfortunately it wont be coming good this week.....

About an hour ago I was informed that my buyers buyer had pulled out due to "Other issues with the property that the solicitor had now found".

In the meantime my vendor has put his place back on the market....so that's it the chain has collapsed.

Luckily our kids have not missed any school and will return to their old one tomorrow...

As for us...well we are devastated and will probably not move now..... which therefore means my job will not be sustainable because of the distance I am currently commuting......to be honest the job isn't really meeting my expectations so perhaps this is a blessing in disguise.

Financially, I haven't added it up yet but I think we are around £700 out of pocket which is alot less than my buyer and vendor apparently....evenso I will be complaining to the law society about STEPHENSONS SOLICITORS!