Loosing my rag with conveyancer and some queries help apprecaited

dizzydonkeys

Hi,

Hope someone can help me out, I will be querying these things with solicitor tomorrow if it means sitting in the office and refusing to leave until they see me!!

Have just recieved contract for a property we are buying, it came in post yesterday.

There are a few things I don't understand on it, I had asked to have an appointment last week with solicitor so could go through contract, sort any queries and sign - was told this was not needed and took the best part of 4 days and a dozen phone calls to get them to understand we had most definately not signed the contract yet - they were adament we had and finally agreed to post it out to me!

So I now have it with a letter saying just sign and drop in with cheque for monies owed for services.

So my queries are as follows

On the contract there is no agreement date, the sellers details are on there but ours are not, also completion date is not filled in and has never been discussed - surely this information should be filled in before signing? can't say I am overly happy to sign something and the 'details' will be filled in later - that is as bad as signing a blank cheque in my eyes, is this normal?

It states title guarantee limited - have googled this and it is a probate case, sold by executor and from what I can work out this is fairly normal in these circumstances so assume this is ok?

They have also sent me a copy of the stamp duty form, under section 1.9 it says are you claiming relief, answer - YES reason - 32 First Time Buyer & 39;s Relief - I am not a first time buyer although partner is but this excludes us as a couple from first time buyer status so this shouldn't be on here?
Worst thing is I have told them I have owned a property before, the purchase amount however is 120k so below stamp duty threshold but want the forms filled in correctly.

Have also had a note with contract stating they will not allow completion until they see a copy of house insurance, I can't get the insurance until contract signed and wouldn't want to and no way I will get the papers through on time if we complete next week.
It isn't a legal requirement to be insured so not sure what it has to do with solicitor if I have it or not - can they stipulate this? (I understand it is normally required by a lender but none involved)

They also keep asking for banks details to 'request' the monies as takes a while - however they were made aware from day 1 that we were paying cash, no mortgage involved. They have in fact already had the house money in the form of a cheque which should clear next week.

Overall the solicitors firm (and they weren't some cheap internet company or anything, in fact they are a local and my partners regular family solicitors)have been a right pain, I have had to do more work than them, they never called back or contacted vendors solicitors when requested re queries so I ended up calling estate agents to contact vendor (EA and vendor have been fab)

I have been talked down to, practically called a liar and the whole process has been unduly delayed due to them not listening to what they have been told, both ourselves and the vendor are chain free so the process should of been fairly straight forward but things have been delayed as waiting on mortgages that we are not having and what appears to be a complete inability to read the file.
Have also been informed they need to do paperwork to put a charge on the property - so am having kittens that someone else's mortgage is going to be secured against my house!!

Can I complain and who to?

Sorry this is so long I have had so many sleepless nights and apparently know nothing!! Will be so glad this time next week when hopefully it will all be over.

sonastin

For peace of mind, you are right about the limited title guarantee and it is absolutely normal for you to sign the contract with the completion date missing, as this will be filled in on exchange. On pretty much everything else you've highlighted, I'd say your solicitors are being pretty remiss and I think you should consider writing to the senior partner with a detailed complaint.

FireWyrm

Ok, I'm not a solicitor, but I've just literally been through the same process as you are now going through.

1) it's normal for the dates to be empty. These will be completed at the moment of exchange.
2) you absolutely do need building insurance prior to exchange and this is also normal. Think about it, you're contracted to buy this property regardless of whether it's a smoking ruin or not as soon as the exchange happens. Ring up someone like direct line, explain the situation, take out the insurance and have them fax the cover note direct to your solicitor.
3) your solicitor will carry out a bankruptcy check on you too...dont take take offence. This will happen just before exchange and you need to be near a scanner or a fax if you are down to the wire on time. I was due to exchange by 1600 on Friday and he sent me the paperwork for the check at 1530. I had to really scramble to get it back in time.

4) the requests for money are probably because they don't have a cleared cheque yet. They're covering their backsides and making sure you have made arrangements to pay so that they can complete. They won't exchange until they can guarantee completion for obvious reasons. They are looking out for your interests believe it or not.

5) solicitors always talk down to people. I think it's a compulsory course in university. The trick is to talk up to them. You are their client, they work for you...make sure they understand that, but if you keep bugging them with whatnthey believe are silly questions, they're going to be rude in response. Stop and think before you contact them and be very clear on your question before you ask it.

6) by all means complain, but honestly, it doesn't sound like they've been professionally remiss. Just because you don't understand the process, doesn't mean they are incompetent. Nothing you have said sounds all that different from what I've just been through...except for perhaps the SDLT form which you need to query with them tomorrow morning.

KateLiana27

You have my sympathies. It sounds like the conveyancer is sending you out standard forms without bothering to check them to see if they apply to your (less usual, mortgage-free) circumstances. I can't answer all your questions but can give input on the following:

Limited title guarantee is normal in probate sales; not a cause for concern.

The Stamp Duty exemption form should be corrected. Conveyancer's mistake.

You're under no obligation to get Buildings Insurance if you are not taking out a mortgage. Again, conveyancer's mistake. (However it would be very sensible to because if the house burns down, even after exchange of contracts, you'll be left with nothing. You can get insurance for the house whenever you want - we've just got ours a week before exchange - just apply using the details of the new house, you don't have to own it. However, this isn't the business of the conveyancer in your case).

We did sign the contract without the completion date and some other details being filled in, so this isn't unusual, but if you aren't happy with it, don't sign until you've checked it out. It's a binding legal document.

Hope very much you get this sorted soon!

dizzydonkeys

Thanks guys, insurance is sorted just don't see that they can say can't continue the sale without seeing a copy when no mortgage involved. Full purchase price has been paid with bankers draft so obvious the funds are there - my loss if house burns down!

Bankrupcy checks have never been mentioned or any other form of credit check are they not meant to seek permission for this?

I mostly understand what is happening just never came across the title being limited before but read it was no cause for concern so figured best check.

Stamp duty form will make them change thought it wasn't right.

Have not been calling them uneccesarily with daft questions, only to chase up when heard literally nothing for over 2 weeks, all the searches came back wrong and had only been applied for 4 weeks after appointing (and paying them) to be done, they then searched the house next door and didnt even notice it until I had recieved a copy and called up to query.

I guess yes I called possibly over the top amounts this week but had no option due to not having recieved a contract but they were convinced I had so if had of just said nothing all this could still be going on and poor vendor wanted a quick sale and gave a good price based on fact we were paying cash.

Also on the note of stuff being blank on contract, dates i can cope with but surely our names should at least be on it? The vendors name is there and address of property but buyers details are blank.

I am overall unlikely to kick up a big fuss after all this but be nice to know I can at least infer a complaint my be on the cards if things are not sorted for the last stretch in a somewhat more proffesional manner.

Again many thanks for your replies and helpful insights.

Milliemoodle_2

With regard to the contract, the date of agreement will be the date exchange of contracts takes place. Completion date is the date the money changes hands and you get the keys. Both of these dates will be written into the contract at the point of exchange. At some point I would think your conveyancer will contact you to ask you when you want to complete, and then they will try to agree that with the sellers' solicitors and seller.

With regard to leaving your names out of the contract, that's just because they haven't bothered to fill them in yet. The sellers' solicitors will have sent the draft contract to your conveyancer and would have just left that bit blank as he or she wouldn't know your full name and address. Your conveyancer should fill that bit in, but it's quite normal for the buyers' details to be handwritten (although most solicitors tend to write their clients' details in before sending them the contract to sign!) I would maybe just mention to them that they haven't written your name in yet!

Limited title guarantee is normal for a probate sale.

The Stamp Duty form doesn't sound right, query that with them!

With regard to insurance, that's down to you if you aren't having a mortgage. But it's a very good idea to have it in place before exchange.

The bankruptcy searches would have to be done if you are having a mortgage. They don't need to be done if you aren't having a mortgage, although some firms make it their policy to check all clients' names. They may have stated in their intial client care letter to you that they will carry out these searches?

Hope you manage to get it all sorted soon!

clutton_2

"Stamp duty form will make them change thought it wasn't right."" - you need to sort this as oon as you can as there are penalties for late payment and you are responsible even tho lawyers do the forms for you !"

sunshinetours

clutton wrote: »

"Stamp duty form will make them change thought it wasn't right."" - you need to sort this as oon as you can as there are penalties for late payment and you are responsible even tho lawyers do the forms for you !"

Buying at £120k so no stamp duty either way

Rest of uit sounds like usual sloppiness I see all the time from some solicitors doing routine work getting junior staff to tick boxes and send out standard pack

Just keep your calm and focus on the goal which is to secure the new home - you'll have forgotten this once you moved in, its not worth the stress of making yourself ill over. I would also say repeadedly phoning will only make you a "nuisance client" and will not get you better service whether you are right or wrong