vendors Solicitor Delaying Exchange / Completion :mad:

jh71283

* Sigh *

Time to vent.

We were originally supposed to complete on our house today.

We have not yet exchanged contracts, our solicitor prefers to do Exchange and Completion on one day, especially wih us having no deposit to hand over anyway.

2 Weeks ago, we agreed with the vendor that we would be aiming to complete on the 1st of June.

First of all, the house is having some building work done to it ( support installation for a removed chimney breast, which in the past we have been told was complete and waiting inspection, then we were told it was about to be done, and will be inspected as it is progressing, and on tuesday, we have been told by the EA that it was being done this week, and therefore the vendors would not be ready to complete on the agreed date.

We then agreed that we would aim for next friday, the 8th of June.

When my solicitor contacted the vendors solicitor today to verify, she was told in no uncertain terms that they (the solicitors) would not even consider discussing completion dates until some searches had been cleared on the property that the vendor is buying.

I'm not sure if the vendor is aware of this, and I will be letting them know the situ via the EA tomorrow morning.

Is there anything that I can do about this situation?

It's just SOOO annoying, (especially seeing as we have missed the bank holiday sales for our stuff too...)

We ordered a fridge yesterday for delivery on the 17th - at this stage, whether or not we are done by then is another matter....

:mad: :mad: :mad: :mad: :mad:

Richard_Webster

When the seller "agreed" the date for completion, had he bothered to check with his solrs it was feasible?

As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients.

jh71283

I have no idea, but it seems not

All I have is an email from the EA stating that the vendor 'Assures us' that we will complete friday.

Unfortunately I have no faith in this now.

RobertinHerts

I'm slightly surprised by the 'Exchange and Completion on one day' unless the lack of deposit IS the reason. Don't believe EAs. Ask your Sols if ALL other Sols have agreed to date.

Robert

Doozergirl

You have to exchange and complete on the same day if you have no deposit. Your solicitor doens't have much of a choice.

The time it takes to buy a house is due to conveyancing. Conveyancing is carried out by solicitors and they have not done their job prorperly if it isn't done. Your vendor need somewher to move to and you therefore have to wait as long as the slowest link in the chain. What if your solicitor exchanged without making sure the house was safe for you to buy? How happy would you be?

I do know how hard it is (even when you aren't new the the whole process). Dates should only be agreed with solicitors. If you and you vendor aren't doing the conveyancing thaen you simply have to agree the date with your solicitor.

Contracts are not binding until you exchange, so you shouldn't be arranging expensive items to be sent to the house yet, for your own security!

Sorry to be on a downer but it's not the sols holding you up, it's you jumping the gun

RobertinHerts

Doozergirl wrote: »

... you therefore have to wait as long as the slowest link in the chain. What if your solicitor exchanged without making sure the house was safe for you to buy? How happy would you be?

In my experience of the last three months the Solicitors ARE the slowest link of the chain. They just sit and wait for something to happen.

After the others in the chain were ready to exchange a week ago, according to our sol, one party then decided they'd like to know the cost of the next paint job by a management company. Does that make the flat 'unsafe to buy'?

They've had since the beginning of March to ask such basic questions!

Robert

Doozergirl

RobertinHerts wrote: »

After the others in the chain were ready to exchange a week ago, according to our sol, one party then decided they'd like to know the cost of the next paint job by a management company. Does that make the flat 'unsafe to buy'?

The enquiries aren't finished. It would be entirely prudent for a buyer to find ou the cost (as it's obviously anticipated) as bills can run into thousands for leasehold flats. It's entirely possible that a vendor sells to avoid the next bill!

In my experience of dozens of transactions, it is very much buyers and sellers that cause delays by ommiting information or simply not appreciating the process and making their own agreements on completion dates without even consulting their solicitors as to whether that date is possible.

3 months is the average time for a house sale to go through. Leasehold properties are more complicated and are likely to take longer than freehold. There are so many outside agencies involved that even a solicitor can only put a rough timescale on things.

It doesn't help you but a chain only moves with the slowest link. It doesn't mean someone's been lazy or negligent - someone has to be last!

RobertinHerts

Doozergirl wrote: »

The enquiries aren't finished. It would be entirely prudent for a buyer to find ou the cost (as it's obviously anticipated) as bills can run into thousands for leasehold flats. It's entirely possible that a vendor sells to avoid the next bill!

Fairy'nuff but they could have thought about this 3 months ago rather waiting until the other parties were ready to Exchange contracts.

Doozergirl wrote: »

In my experience of dozens of transactions, it is very much buyers and sellers that cause delays by omitting information

It would help if the forms they send to clients, and each others' clients, weren't ambiguous.

Pink.

Post by miladyblue reported. Please don't click on the link.

Doozergirl

RobertinHerts wrote: »

Fairy'nuff but they could have thought about this 3 months ago rather waiting until the other parties were ready to Exchange contracts.

This additional query would have been raised after the initial queries sent to the managing agent. They are notoriously slow at replying.

RobertinHerts wrote: »

It would help if the forms they send to clients, and each others' clients, weren't ambiguous.

I wasn't really referring to the forms, more problems that arise that a vendor/buyer tries to cover because they think the chain will collapse if they come clean, so they allow people to carry on thinking everything is hunky dory and then end up being forced to spill the beans when everyone else think's they're ready to exchange. They make it far worse than it would have been if they had just owned up to there being a problem in the first place