Is this normal practice in conveyancing?

Eve4ever

Hi everyone

I'm a FTB buying an empty property through a private sale. I paid my solicitors the £300 deposit to start searches etc over 2 weeks ago, but they still haven't started the work as they haven't received the draft contract or plans from my vendors solicitors yet.

I have chased up the vendor, he is collecting together all the warranties etc for the work he has had done plus the repairs done before he bought the property.

My question is, why can't my solicitors get on with the stuff which can take weeks to come back? I made it clear 3 weeks ago I was looking for a quick completion (end of June, first week in July) but time is ticking on now and I'm worrying my wishes are being ignored or am I being unrealistic?

Full structural survey has been done and mortgage and deposit just sitting there, waiting to be transferred.

Thanks in advance.

G_M

Ask (instruct) your solicitor...

Eve4ever

I did, and the replied by saying they were waiting for draft contract etc. My question is, do they need this in order to get on with searchs etc?

DVardysShadow

Eve4ever wrote: »

I did, and the replied by saying they were waiting for draft contract etc. My question is, do they need this in order to get on with searchs etc?

Instruct them to proceed regardless of draft contract. In writing.

But the solicitor is probably right - no draft contract - your vendor is not ready to proceed. So you could end up paying for abortive work.

Why are you in such a rush?

Hailstorm

Some solicitors do have a policy of not commissioning searches until they have received the draft contract. The reasoning is that the vendors have shown some commitment before the solicitor starts spending your money.

The solicitors I used had this policy. Maybe they do have a point as with the first house I tried to buy, my solicitor never received the draft contract and six weeks after accepting my offer the vendor decided not to sell and pulled out. This policy ended up saving me money as searches for never commissioned for this house.

With the house I did end up buying my solicitor received the draft contract and fixtures and fitting forms just over a week after my offer was accepted.

If you do not want your solicitors to wait for the draft contract you could always tell them.

Eve4ever

Thanks everyone for your replies, I realise now that the solicitors are acting in my best interests. I made a cheeky offer on a house based on a fast completion as I am in a position to move quickly. It was accepted despite the fact the vendor had 4 potential tenants lined up to rent it. Since then I have done everything in my power, hand delivering cheques etc to speed things up. I spoke to the vendor last week and he is trying to collect all the paperwork together on the work he has had done recently and previously to his ownership and this is causing the hold up at his end. I don't 'think' he is is having second thoughts as he could have a rental income coming in now, I think he is just proceeding at his own pace. I would like to complete on the 18th July as this fits with my work commitments and I have told the vendor this. He said they were around and available to complete any time in July so perhaps he thinks there is still plenty of time?