Solicitor stuff......finding fault 4 days before completion??

raggy_2

We were due to complete today (29th). On Monday, buyers solicitor decided to take issue with our 'car space', that being a half assed drive thing.

In a nutshell, our neighbours had to remove a tree from our property to lay their drive. We ended up with a 6 ft crater. Builder kinda filled it in and laid hardcore on the surface. Ever since, we've parked our car on it.

So, back to the 'now'. All contract stuff done, packing, surveys....you get the picture?! Legal completion today but buyers solicitor kicking up a right stink, acting in the best interests of 'their client', who has instructed them to 'get on and complete'.

We offered to make an allowance for a drive surface laying post completion (tarmac), solicitor rejected this, wants us to tarmac it over the weekend. Which is beyond impossible. We've now offered to pay for the works via a retainer...ie buyers mortgage less the money for the drive.

Still awaiting her decision. Now, forgive me for being thick, but should the solicitor not have pulled this up in the early stages, ie post survey etc? Not wait then ask the impossible at the last minute??

Bear in mind, the buyers have given up their tenancy and, from the 5th OCt, have nowhere to live if this falls through...new completion date being 3rd Oct.

Help/ advice would be greatly appreciated.....:T

Entertainer

This is a complete nonsense. Have you exchanged? Was this work done between exchange and completion? If it wasn't then the solicitor is in no position to ask you to do anything, in fact the buyer instructs the solicitor so if the buyer has asked him to go ahead why is he not following his client's instructions? Give me some more details.

raggy_2

Have we exchanged? Um...we should've completed today! The so called drive has been there about two years. Prior to sale etc.

The buyers solicitor insisted on Local Authority permission, therefore said LA surveyor came out on Tuesday and said it didn't comply. That we must bring it up to standard etc. However, she was fine with us selling it, providing within 'x' amount of time, it is brought up to LA standard.

As previously stated, we have offered an 'allowance', solicitor refused, "not good enough", and wants us to carry the work out over Saturday/Sunday, get it sorted, then she will advise her clients to complete on Tuesday!

Our buyers are first timers and have no idea that the power is theirs, not their solicitors. They HAVE advised the solicitor that they are fine with our proposal and they just want to complete. However, their solicitor insists it's not in their best interests to complete until the woks are complete. They don't know any better than to take her word for it. Ultimately, if they refuse the second offer of a retainer, then the jobs snookered. WE must complete on Tuesday. The buyers tenancy is up next Friday.

My disbelief is the fact that it's not major works, it's not structural and nothing to do with the build quality of the house. For her to say she's acting with her clients best interests at heart is unbelievable. Her high handed jobs worth attitude is going to leave her clients homeless.

Plus, her clients will owe her an amount of money without having even having bought a property.

I'm completely at a loss........

Entertainer

So when did you exchange contracts then? Are you saying that the solicitor is getting a surveyor down to inspect the drive after you have exchanged? This drive work wasn't a condition of the contract was it?

raggy_2

Entertainer wrote:

So when did you exchange contracts then? Are you saying that the solicitor is getting a surveyor down to inspect the drive after you have exchanged? This drive work wasn't a condition of the contract was it?

No, the drive works wasn't a condidtion of the contract. The surveyor is from the local authority. The solicitor called her up and had her come and inspect our property on Tuesday. The surveyor said it wasn't up to spec, it has to be brought up to standard etc. Thus, we have offered to pay for it doing so as to complete etc. Solicitor insisting that we complete the works, which is mission impossible.

Our contracts were done a week or two back. In there was what was included in the sale, that the house would be completely emptied blah blah blah. Our problem is, she is instructing her clients not to buy unless we complete the work. The buyers are first timers and swallow everything she says. The solicitor even took it upon herself to inform the buyers lenders, who then also waded in, refusing to release the buyers money until the issue is resolved!

In my opinion, she is running amok with people lives over something and nothing. WE have paid (today) one hundred pounds to the removal firm as we had to cancel their services for today. We have rebooked them for Tuesday. The way it's looking, we will be coughing another one hundred pounds up due to this bloody solicitor.

BUt, am I not right......any issues are supposed to be ironed out in the early stages?? Not 4 days before completion. After all, the buyers surveyor was out and submitted their findings etc back in August.

Doozergirl

It really depends on when you actually exchange contracts. You may have signed, but that isn't the same as exchange. When you exchange, you legally bind yourself to a date and if that is missed, then one party has the right to sue. I don't think you've exchanged to be honest, in which case the solicitor is just doing their job; though it obviously would have been more helpful if they'd dealt with it earlier.

You must check with your solicitor first thing on Monday whether you have exchanged (you get a phone call and a letter). If you haven't you must ask to see when, in reality, the sale will go through.

It's not much help now, but you should not book removals until you've had confirmation of exchange. In unusual circumstances, exchange and completion happen on the same day in which case it's unavoidable, but there's usually at least a week between.

Sorry to say, I think you'll be paying the removal men again on Tuesday.

Entertainer

I have heard of solicitors pulling some stunts but this is something else.

BUt, am I not right......any issues are supposed to be ironed out in the early stages?? Not 4 days before completion.

Oh yes you're spot on there. You have exchanged contracts!!!! Your buyer has signed a legally binding contract to purchase your property. If they pull out now you will be able to sue them.

I am assuming that you have actually exchanged here and that you are not exchanging and completing on the same day- you do know what the difference is between exchange and completion?

If you have exchanged then you do not need to have any work done. You can tell their solicitor to go to hell. Any conditions associated with a sale have to be sorted out before exchange of contracts. After that point it is binding.

raggy_2

!!!!!!! Our money is in the hands of our solicitor too, making this even more of a mess.

raggy_2

I'm ringing my solicitor first thing monday. Even if we haven't exchanged, I find the buyers solicitor to be very very pig headed. To raise this issue at this stage is beyond ridiculous. In fact, every issue she has raised has been in the last week or so.....the garden shed, rights of way, boundaries, the (it's not a)drive, fencing, water rates.....

Entertainer

Yeah, sounds like you haven't exchanged. Note to other buyers- try to be aware when you have actually exchanged its kind of important.;) I find it bizarre that your solicitor is getting you to exchange and complete on the same day. There is usually a gap between the two so that you can book removals. If you are doing this then the solicitor is within her rights but is being very unreasonable. You have set aside a sum for a minor piece of work and your purchaser is happy with that it seems.

Solicitors do get clever like this from time to time. I would be inclined to get in touch with your agent (you are using one?) and indicate that the sale may be falling through (they wont like this- no commission for them) They can then get in touch with the purchaser and see if they can put them in the picture as to how unreasonable the solicitor is being.

clutton_2

all these excuses to not complete on time sound like "stalling" to me - do you know that the buyers Actually have the finance in place to buy ?