Disillusioned Novice Home Buyer

The_Bag

Hi

I'm in the process of buying my first house & should be exchanging contracts/completing next week. The problems are that after going to the Solicitors & signing I actually got the pre-contract/paperwork sent to me a few days later. When I compared this to a failed house purchase pre-contract/paperwork from last year I noticed that the Local Search, Energy Performance Certificate, & a Discloseable Overriding Interests Questionnaire were all missing from my paperwork for this purchase compared to the previous one?? When I contacted the Solicitors it would appear that they didn't even have the Local Search report when I signed at the Solicitors & I've not received it yet, with the EPC they said the Estate Agent will have that, & as for the Overriding Interests Questionnaire they will send me a copy of it for what it's worth but I'm still waiting??? I contacted the Estate Agent yesterday & they said that normally a Solicitor will ask them for a copy of it but mine hadn't. They also said they would email it to me yesterday but I'm still waiting after calling them back for a second time.

We had a HomeBuyer Survey done on the property & the Surveyor noted that as the property had PVC double glazing windows / doors & if these were installed since 2002, the vendors should have either a FENSA certificate or Building Regs Cerificate for the work. My Solicitor has asked for these from the vendors Solicitor, or if they can't prove it was installed pre 2002, he has asked them to take out a Indemnity Insurance for this. My Solicitor is still waiting for an answer from the vendors Solicitor to this.

Taking into consideration all of the above should I instruct the Solicitor not to exchange contracts till I've received & am happy with all of the missing items from above or am I being too fussy???

Any help will be gratefully received. :T

Thanks.

Cookie1988

Yes you are 100% right, advise your solicitor that you will not exchange contracts until you have all of the required documents. You are in no way being fussy at all. The local search could bring up issues that your survey didnt and thus is vital your solicitor obtains a copy before exchanging.

The_Bag

Ok thanks.

I can't believe now really how the Solicitor would even let us sign the contract knowing that all the searches hadn't been completed. My patience is starting to run very thin with them!!!!!

I've also telephoned the Estate Agents again about the Energy Performance Certificate but they told me today they are waiting for another Estate Agent to send it to them?? Sounds dodgy to me??

Richard_Webster

I wouldn't normally report to my clients until I had the local search in - but remember signing the contract does not commit you - it is the subsequent exchange of contracts that is important and you can't exchange unless the contract has previously been signed.

Disclosable Overriding Interests Questionnaire. It is very rare that anyone admits to their land being subject to a right to a market or to a liability to repair the Chancel of a local medieval Church or a sea wall, so I wouldn't see any great point in confusing a buyer client by giving him a copy of it unless something unusual was revealed.

OP's previous solicitors obviously thought it was a good idea to give him lots of copies of things for the sheer fun of it. Unless there was a report with them explaining their significantly giving a copy of a document like this is of little use.

Local Search there is more point in copying this to the client although often even here without explanation there could be confusion.

Energy Performance Certificate i send clients copies of these when I can get them if only to tell them not to take them too seriously. The estimated savings etc really shouldn't be taken literally. Therefore to be told that a new house has a good rating whilst an older one wouldn't have such a good rating is hardly going to surprise anyone is it? So I am not sure what OP is losing by not seeing it.

If the solicitor has asked for indemnity insurance then I cannot imagine why he would exchange without it unless OP is not getting a mortgage and OP expressly tells the solicitor to go ahead.

G_M

Your solicitor has not said he's Exchanging, he is simply preparing the way. Getting the searches etc is part of that preparation, and so is getting his client's signature on the contract. Only when everything is ready will he contact you to ask your permission to Exchange (and to confirm what date you want for Completion).

You can always say no, or seek clarification, at that point.

As said, the search is being awaitied. The EPC (for what it's worth) is with the agent, and the questionaire (again for what it is worth) is on it's way.

House buying is always slower than people want, and always stressfull. Try to be patient. Things will happen in due course.