Buying but nothing official from the vendor solicitor

llh189

I made an offer on a probate sale prior to probate being granted!

My offer was accepted on the basis that once probate was granted I would move quickly interms of survey, mortgage, exchange and completion, the estate want their cash by the end of November!

A sold sign went up, I had a letter and a email confirming my offer and their acceptance ( not an official memo of sale though) it was advertised sstc.

Probate went in in the last week of August and was officially granted 10 days ago according to the vendors estate agent, who telephoned me! Because my mortgage is fee free with a free survey, I kicked this off as the cost to me was nothing! Thus ensuring that I had all my ducks lined up, I now have an official mortgage offer and the survey has been completed I have also paid the fee for my searches!

Up until today my solicitors had not heard anything official from the other solicitor! No official confirmation of probate or anything at all regarding the sale. I have chased the estate agent twice!

The first time I got due to holidays etc and catch up nothing had been sent, but a promise that that night it would be going in the post! I waited 5 days checked again, to be told this time that nothing had been sent as the wheels turn slowly in solicitors, they almost have a time zone of their own hahaha! I did reiterate that I have agreed to everything they have asked for, their timescales etc to an agreed exchange of the 1st October, with completion two weeks later! This fits with me giving notice on my rented place and have advised them that hold ups on their part wil mean I am held up until at least December, and I am away for two weeks over Christmas seeing family!

I am now beginning to feel concerned that I am getting the brush off! I wonder if I should call the other solicitor who dealt with the probate myself?

Am I being paranoid? Or would you keep chasing?

Yorkie1

If it is less than 2 weeks since probate was granted, I think you are being unnecessarily worried.

Do not contact the solicitor for the other side; for professional reasons they won't be able to talk to you. Keep pushing your solicitor and the EA, though.

If your mortgage offer will expire by a certain date, make sure that all parties know this. Do NOT give notice on your rental until you have exchanged.

If the estate wants its cash by the end of November then it is in their control and not yours. Do not be pressured into anything because of this arbitrary (I assume) date.

Fire_Fox

You should chase once a week through your solicitors and/ or the estate agent.

Mobeer

The other solicitor does not work for you. Contact your own solicitor and the estate agent every few days, more so if you are not getting anywhere. Be clear with the estate agent that you cannot wait forever and will have to start looking elsewhere if there is no progress.

kingstreet

Providing the estate agent has sent a Sales Memorandum to the two solicitors, the vendor and you, everyone knows the parties involved in the transaction.

It is now for the vendor's solicitor to issue a draft contract to your solicitor. The question which you should now ask the agent is "When will the vendor's solicitor be issuing a draft contract to my solicitor?"

From there, you may be able to see a little further...

House purchase process runs like this;-

Offer agreed
Solicitors instructed
Sales memorandum issued by agent
Purchaser applies for mortgage
Vendor's solicitor prepares and issues draft contract
Vendor completes seller's enquiry forms and returns to solicitor
Valuation/survey carried out
Purchaser pays solicitor for searches
Searches requested
Renegotiation of price due to survey findings - if required
Mortgage offer issued
Purchaser's solicitor receives seller's enquiry forms and raises any enquiries
Searches returned
Responses to enquiries
Purchaser visits solicitor to go through paperwork, hand over ID and deposit
Completion date agreed between all parties
Contracts exchanged
Completion takes place.

The order might be a little out in one or two places and some things can take place concurrently, rather than consecutively to save time. As you can see, the point you are stuck at normally comes early in the process. This may have been delayed by probate, but now that's granted the solicitor should be able to issue the draft contract with minimal delay.