Problems

toontastic

Everything seemed to be moving along very nicely but then all of a sudden things have just stopped. I have spoken with my solicitor and she says than on the last document she recieved it was basically the bank stating that the survey showed that the house covered the cost of the mortgage. The letter also pointed out the one thing that was brought up in the survey which was

"Some defects were noted and these include the need to have the electrical wiring circuits check by a competant electrician (as defined under part P of the Building Regulations) His recommendations should be implemented in full"

Now this to me is the usual sort of thing you get from a survey and is something I can do when i move in surely ?

However the problem is the solicitor won't move on with searches because she says this report must be sought first and unless the bank says she can go ahead she won't.

This is where I believe the bank is at fault because of the crappy wording of it's letter they said in the same letter that had the survey :

"We confirm receipt of a valuation report on the above property and enclose a copy. You will note that the valuer has raised a point that should recieve attention. A Written response is not required, unless you consider that our security is affected. Please proceed as per our orignial instructions."

Now this reponse came on the 13th Of Novemember the same day that I got a letter stating that the valuation was fine and the mortgage could go ahead.

Any ideas what I can do to get things moving again. I've been in touch with the bank and told them the solicitor wants a letter stating that they don't need the electrical report before she can go ahead and complete but I've not heard back yet.

:mad: :huh: :wall:

maninthestreet

Please point out this bit to your solicitor:

"A Written response is not required, unless you consider that our security is affected. Please proceed as per our orignial instructions."

Any electrical wiring fault is unlikely to significantly affect the value of the property.

magyar

Que?

Doesn't the solicitor work for you, not the bank? If you want to instruct to get the searches done, s/he should just go ahead and do it!

toontastic

Well I've spoken again to the bank today and to the mortgage service centre, both say they are happy to supply my fund whenever the solicitor wants them so I've got them to send the confirmation letter by fax and letter to the solicitor as she never got those and I've basically told her to get the searches done and sort out my exchange/Completiton date. Hopefully things will move on again.

lewolf

magyar wrote:

Que?

Doesn't the solicitor work for you, not the bank? If you want to instruct to get the searches done, s/he should just go ahead and do it!

They are also usually instructed by the Mortgage Lender to act of their behalf too - to ensure that all Mortgage conditions are met before exchange and completion.

magyar

lewolf wrote:

They are also usually instructed by the Mortgage Lender to act of their behalf too - to ensure that all Mortgage conditions are met before exchange and completion.

Didn't realise that - thanks.

MegS

Why don't you just get an electrician in to do an estimate of any works which may be required? It doesn't cost anything. Mind you I don't understand why she won't do the searches if you are instructing her to do so. Has your solicitor actually got mortgage instructions from your lender (ie mortgage deed, cert on title etc etc)? Or is it just the survey? If its just a copy of the survey then some solicitors won't actually put in for the searches until a mortgage offer/instructions are received anyway. If its a special condition in her mortgage instructions then you will have to get a report done, if its just a bit of the survey then no you shouldn't. Is it listed under legal matters in the survey that it has to be done? If it is then she's right you will have to get it done as she is acting for the lender and unless the lender writes to her to say it doesn't need to be done (but just recommended) then she will have to implement the lender's requirements.

magyar

I still don't see why they can't go ahead with the searches (although they don't take long).

Having lost a house once through delays caused by the Woolwich (hang your head in shame.... you cost me nearly £1000), then I'd always be wary of letting other people dictate the timetables... don't forget the solicitors never lose out and get their money whatever happens!

Keep bangin' on at them!

MegS

If you instruct your solicitor to do the searches then she will advise you the usual, if something happens then you will still have to pay for them, but she should still carry out your instructions. You are after all paying her to act for you and to a certain degree you can tell her what to do. Tell her you understand you will still be liable for the search fees if things fall through but would still like her to carry out your searches. We do our searchs online and they only take a week on average for the local search, a couple of hours for the enviro search but the drainage search for some reason takes a good 3 weeks.