Approaching exchange - now waiting for searches...

wafers

The date we proposed for completion weeks and weeks ago is Friday 27th May 2011. Our solicitor uses EConveyancer software, which has been really useful for tracking progress and time scales.

However, a couple of days ago I noticed he has just updated the 'signed contract received back from client' as 31.5.11. I have since phoned him expressing my deep concerns that the time scale has slipped significantly, and he informed me that he is awaiting final searches regarding the property we are buying.

The result of today's phone call to him told me that the local council are 'having a meeting' on Monday 16th (which I assume is standard procedure leading to searches being produced?) which should finalise search results.

My understanding is that they will then need to post them to him, he produces an overview, posts it to us, we sign it, return it to him and then he sorts the exchange of contracts.

I'm really annoyed that I trusted the Econveyancer software so implicitly, and didn't chase earlier. It all looked so on track for so long, and it's only now that new dates have been added, it looks wildly off track.

I assume, based on people's experiences of 'the system', that we haven't got a hope in hell of being on course for completion on Friday 27th May?

Richard_Webster

Two points

1.This updating software is only any good if it properly explains the significance of each stage so you can see how they all fit together and you do not make unwarranted assumptions about the state of progress.

2.Having a proposed completion date weeks in advance is dangerous because we simply can't control what other people do and how long they take.

The Council having a meeting is unusual but it may be that there is some major decision that is about to be made that would significantly affect the search results and therefore they have all been put on hold pending this decision, e.g. a new road proposal or a Compulsory Purchase Order.

I don't see that you should blame your solicitors because of a delay in the search coming back.

wafers

Thanks for your comments Richard. I can see what you're saying, although I'm frustrated that the solicitor didn't push for results of searches earlier. All pre-search paperwork was 'ahead of schedule' and there is no chain to slow things down at either end of the sale/purchase. I get the feeling that councils are generally in no great rush, but assumed that the solicitor would push them hard on our behalf to ensure things stay ahead?

wafers

To add, it's the first time we have sold a house before. Our solicitors asked us for a date to work towards. At no point has anybody implied that this date is an unrealistic goal.
I also wonder, had I not started phone calls to the solicitors 2 days ago, at what point would someone have told us that the date was highly unlikely - cancel your week off, stop packing and wait some more?

G_M

wafers wrote: »

Thanks for your comments Richard. I can see what you're saying, although I'm frustrated that the solicitor didn't push for results of searches earlier. All pre-search paperwork was 'ahead of schedule' and there is no chain to slow things down at either end of the sale/purchase. I get the feeling that councils are generally in no great rush, but assumed that the solicitor would push them hard on our behalf to ensure things stay ahead?

He can't. It's that simple. The council have X00 searches to do each week, they work though them. Some councils are faster than others, but then some are busier than others or have more funds = more admin people.....

Your solicitor can do NOTHING but wait.

As Richard explained, if they are 'having a meeting' eg re a relevant planning proposal in the area, then you just have to wait for the result. Better that than get the 'all clear' and then have the council approve a major road development through the garden the next day!

House buying is frustrating. Be patient. It NEVER goes as fast or smoothly as people want or expect.

Richard_Webster

Most solicitors try to educate their clients not to assume that proposed dates will be met because of the unpredictability of others.

Generally solicitors will not send off searches until:

1. they have the funds from the client to pay for them; and
2. they have received draft contract papers from the seller's solicitors so they can provide plans to the Council showing the location and boundaries of the land.

The local authority search then can take anything from 13 minutes (a record held I think by Northampton) to 8 weeks. Typical timescale is 5-10 working days.

martindow

wafers wrote: »

The result of today's phone call to him told me that the local council are 'having a meeting' on Monday 16th (which I assume is standard procedure leading to searches being produced?) which should finalise search results.

Have you looked on the council's web site to see if you can find the agenda for this meeting? That could throw up something relevant to your house.

You might be very pleased there is a delay if something major is going to be built a few yards away.

wafers

Richard_Webster wrote: »

Most solicitors try to educate their clients not to assume that proposed dates will be met because of the unpredictability of others.

Generally solicitors will not send off searches until:

1. they have the funds from the client to pay for them; and
2. they have received draft contract papers from the seller's solicitors so they can provide plans to the Council showing the location and boundaries of the land.

The local authority search then can take anything from 13 minutes (a record held I think by Northampton) to 8 weeks. Typical timescale is 5-10 working days.

Our solicitor has done nothing to educate us on proposed dates or other details unfortunately. It's a steep learning curve and I'm very thankful to everyone's contributions on here. :T
Looks like we will await the outcome of the meeting on Monday then see what happens. At least, thanks to advice on here, we now know there is no point thinking about the target date. Now I know the system more, I appreciate that we will have to just wait for the council to do there thing.

Thanks again to those who have helped on this thread.

I will post the outcome of the council meeting on Monday.....

diesel_dog

All the people that are having a fee of some sort out of your move/purchase are the ones you need to chase.I learnt a long time ago that you can't just leave them to it because no one part from you and other people in the chain are in any rush.

As for the search? That could reveal something potentially horrendous so that is definetly worth waiting for :beer:

The whole procedure needs revamping and the sooner the better IMO as we now have electric in our homes and petrol engined cars...

wafers

Well I appear to have been fobbed off. Solicitor wouldn't speak to me in person, but his 'helper' called me back to say the searches haven't come back. Tried asking about the mysterious meetings which he mentioned, but couldn't get an answer. To add to the confusion, a quick visit to the council planning dept after finishing work early revealed there has been no meeting today. Either I have totally got the wrong end of the stick, or I am not being told things as they are. E mail sent, we wil see..