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Solicitor v Developer

The developers of the flat we're aiming to buy phoned today and it's made me a little edgy.

They have said that the solicitor has all the information they need for us to exchange contracts and are delaying, so have been given until next week to get us to exchange or they'll take our contract from him.

The solicitor, however, says he's still waiting for information from the developers.

Who do we believe? What do we do now? :o
No longer using this account for new posts from 2013

Comments

  • ILW
    ILW Posts: 18,333 Forumite
    How can a developer take your solicitors contract from him?
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Find out from your solicitor exactly what is being waited for. Then ring the developer and ask whether and when they intend to return whatever it is. If they say they have returned it, ask them to return it again. For any other answer, tell them that you will exchange when they have provided all required information and not before.
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  • Gemmzie
    Gemmzie Posts: 14,876 Forumite
    ILW wrote: »
    How can a developer take your solicitors contract from him?

    I have no idea, can they?! This solicitor is dealing with a lot of the properties on this new build estate
    No longer using this account for new posts from 2013
  • ILW
    ILW Posts: 18,333 Forumite
    Gemmzie wrote: »
    I have no idea, can they?! This solicitor is dealing with a lot of the properties on this new build estate

    You employ your solicitor, not the developer.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    ILW wrote: »
    How can a developer take your solicitors contract from him?
    ILW wrote: »
    You employ your solicitor, not the developer.
    The contract referred to is the contract between the OP and the developer for the purchase of the property, not the contract between the OP and their solicitor. The phrase 'to return papers' from buyer's solicitor to seller's solicitor refers to the initial package sent from the seller's solicitor with the draft contract and means to abort the sale.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • ILW
    ILW Posts: 18,333 Forumite
    Ah, so the developer is simply threatening to pull out of the sale. Thanks
  • Gemmzie
    Gemmzie Posts: 14,876 Forumite
    WWe'll be contacting both parties today. But if this can't be resolved - then we will have to go with the new solicitor right?
    No longer using this account for new posts from 2013
  • casper_g
    casper_g Posts: 1,110 Forumite
    "The new solicitor"? You make it sound like the developer is going to choose a new solicitor. This isn't how it [STRIKE]works[/STRIKE] should work. You are employing a solicitor to look after your interests in the transaction between you and the developer. The developer is a lot bigger and more experienced in these things than you are. You need a solicitor you trust to act in your interests, and the developer needs to cooperate with the solicitor you appoint if they want to sell the property to you.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Gemmzie wrote: »
    WWe'll be contacting both parties today. But if this can't be resolved - then we will have to go with the new solicitor right?
    What new solicitor?

    If YOU are unhappy with your solicitor, then sack him. And choose his replacement yourself. But that has to be YOUR discontent, not something foisted on you by the developer.

    Casper_g has it right, I am really saying the same thing, because it is so important that the developer does not set about making you unhappy with your solicitor - and under no circumstances should you allow your developer a say in who you appoint.
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