advice on taking advisor to small claims court

Thrugelmir

Billiamg wrote: »

We have had an offer for several weeks now and our solicitor is waiting for the draft contract from from the sellers solicitor.

Seems as if your vendors wish to delay the transaction to suit their own circumstances.

There is nothing you can do to speed the transaction up.

Dave_Ham

Spot on above posts, I do not know if you have received less than satisfactory service although not understanding the legal processes is leaving you critical of the broker.

I would suggest that the other side are holding you up and there is absolutely no issue with searching now aside from cost - and 14 days! and it could have been done a while ago as Kingstreet said..

Do you know what, something in this whole episode just does not ring true. As I read more I just think something is not stacking up - just my opinion..

Fingers crossed you get it sorted on time...

MoneyMagic01273

Billiamg wrote: »

Thank you all for your responses. I am reluctant to go into to much detail at the moment. For all I know our advisor might read these forums. I would just like to know where we would stand if we do lose out. And how we should proceed from then.

We have had an offer for several weeks now and our solicitor is waiting for the draft contract from from the sellers solicitor. Though they want 14 days to do all the searches once received.

My other half has pushed the advisor constantly over the last 3 months to get things done. We were constantly reassured that it would not come to this and we would comfortably complete before the deadline.

We have an extensive number of email exchanges with our advisor which i would consider to be proof rather than accusation in a complaint and we have complained before now on the service we have so far received. If we do miss the deadline then we certainly will be making a formal complaint to to the advisors company.

Sorry, appreciate you are reluctant to go into any detail but email exchanges alone are not proof of anything unless you are saying the exchanges include some kind of admission of negligence. Simply corresponding with your MA - or even "chasing them up" - doesn't in and of itself indicate that are not doing everything they can. Its very easy to say someone should be going faster than they are in a situation like this.

If the current delay is with the vendor's sols, then this goes to demostrate my point that you may not be able to successfully point the finger at your MA as responsible for you missing the stamp duty deadline. You could potenially chalk that up to any perceived "delay" you like, along the chain of events including the current delays with the draft contract.

In fact - until you have seen exactly how this contract delay plays out I think its a little premature to blame your MA for missing the deadline at all, right now. As other posters have pointed out, you could well have intentional delays taking place on the part of your vendors for all anyone knows.

Basically to answer your question as to where you stand if you lose out - noone could stop you from launching a small claim against your MA but I wouldn't put my own money on your chances of success.

opinions4u

Adviser and lender have done their job.

This is about the chain and the solicitors.

The_J

It's all been said before, the mortgage adviser has done their job.

You would be destroyed in a humiliating fashion were you to complain.