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

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  • I can understand your frustration but I think it's important that all parties stay calm to avoid the sale falling through because of something petty. I agree with Entertainer, I would try to get the agent to negotiate a way out of this problem, after all, negotiation is by-and-large their full-time job so they should be able to sort something out. Furthermore they will help remove some of the emotion from the situation.

    You're in a fairly strong position in that the buyers have a finite amount of time to sort this out, but equally you wont be able to complete until their lender is happy.
  • silvercar
    silvercar Posts: 49,504 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Very odd to have an exchange subject to conditions. Your solicitor shouldn't be letting you exchange conditionally on your sale and exchange on your purchase. Otherwise, if the conditions are not met, you will not have the money to complete on your purchase.

    Also odd that the LA can insist on you doing works to bring the driveway upto standard. Firstly, if it is over a year old I didn't think they can order you to do work unless there are clear safety issues. Secondly, loads of people have hardcore on flowerbeds / spare land etc there is nothing to say you have to park your car on it.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Thankyou all.........!!

    I agree with everyone and understand all your points of view. I think I posted here initially due to sheer frustration and panic. I am considering contacting the Law Society as I feel that the buyers solicitor is behaving in a very unprofessional manner.

    I do not have a problem with her flagging up the surfacing, indeed, I am more than prepared to pay for it doing via the buyers retaining the amount required etc.

    My problem with it is that she has waited until near completion to take issue with it. The surveyors for the buyers lenders were out in mid August and submitted their report 3 days later. Surely, back in August is when she should have started finding fault, not four days prior to completion??

    I am leaning (massively) on the estate agents. Also, our new home is a new build, therefore I also have the weight of a massive property developer on side. They are used to problems prior to completion but to say they are incredulaous over this is an understatement.

    Our money for the new house is currently with our solicitor, waiting to be paid to the developers. That's how close to completion this all is.

    The buyers have paid their deposit and the lenders have their mortgage in place. They are ready to release should the 'tarmac' issue be resolved.

    As I have also previously stated, I find it odd that the buyers solicitor is insisting she is only acting in her clients' best interests. When she has quite finished behaving in such a high handed manner, she is on the verge of leaving her clients homeless.
    DO NOT MEDDLE IN THE AFFAIRS OF DRAGONS, FOR YOU ARE CRUNCHY AND TASTE GOOD WITH KETCHUP
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