Did you buyer pull out?

ValHaller

JennyW wrote: »

Valhaller.... I emailed about the minerals so waiting to hear....and as for the devalue comment, well yes it seems absurd

I have spoken to the agent and is really frustrated too but agrees that we should go back on the market. He's off today and I don't want to speak to a colleague as they won't be up to speed but come Monday, then yes an ultimatum will be given. What's usual? 24/48 hours?

I just hope our seller holds on for us. Have just chased my solicitor again to see if she can get an answer

Yes this covenant is the only issue os but who knows with this solicitor. I have been told he's very old school, only communicates via fax and post

The covenant. You do not need your solicitor to chase on this. What you need is the solicitor's advice on whether my take on this is right. If it is, then you are dealing with the buyer via the agent. If my take is wrong, then there is a problem which you need to sort out regardless of buyer.

The ultimatum. Now assuming there is no real problem, then you need to move your situation on. An ultimatum would a mistake. You do not need to do it. Your agent has said that you may need to go back on the market. That is enough for telling your buyer where things are going. Just go back on the market, have your agent tell your buyers and tell them that you are confident that the covenant is not a real issue and that you will exchange with them for the time being, although remarketing could change things. This leaves it open for your buyers to sort themselves out in a way which an ultimatum will not deliver.

JennyW_2

Ok......

So basically put the house back on market whilst the buyers continue to make up their mind?

My solicitor said that 2 messages have been left, they've just tried again but no answer so assume the solicitor has gone home :mad:

Unbelievable........

ValHaller

JennyW wrote: »

Ok......

So basically put the house back on market whilst the buyers continue to make up their mind?

My solicitor said that 2 messages have been left, they've just tried again but no answer so assume the solicitor has gone home :mad:

Unbelievable........

Yes, go back on the market. The buyers know this may happen.

Now as for your solicitor, what is her view on the covenant? Really you don't need your solicitor to go chasing stuff your agent could chase. You need your solicitor's view on the covenant. You emailed yesterday. Do you have an answer?

Soubrette

My own opinion is that it is polite to tell someone if you are putting the house back on the market - it is an ultimatum but it is also telling them how it is and telling them the timescales they have. However, if your agents told them that was a possibility and have had no response today then I'd put it back on the market anyway.

JennyW_2

what's so frustrating that with the copy paperwork I have (which details the covenant and indicates the area in red which it applies), is for the whole development, not just our house. That's what's so frustrating as no one else has had this problem, houses are being sold......

JennyW_2

ValHaller wrote: »

Yes, go back on the market. The buyers know this may happen.

Now as for your solicitor, what is her view on the covenant? Really you don't need your solicitor to go chasing stuff your agent could chase. You need your solicitor's view on the covenant. You emailed yesterday. Do you have an answer?

ok, she replied that we do not own the mineral rights, no-one does on the estate and this is a common situation and mostpeople don't own the minerals that are in the land under their property, soit's nothing to be concerned about.

I therefore feel that this really doesn't have anything to do with mineral rights, plus I'm not really 100% on the details. I'm just trying to make what I can of it.

As far as I know, the developer's solicitor (Bloor homes) has emailed the buyer's solicitor explaining that "the site has been constructed in accordance with the residential consent and there are no covenants relating to the construction company allowing them to take access to excavate clay."




The solicitors and agents believe he's picked up on something that no-one would ever consider raising. I've asked a lot of my neighbours and as far as they are aware it wasn't raised when they bought.

The house opposite is currently being sold and they haven't heard of it either. I think we've been unlucky with this solicitor.

ValHaller

JennyW wrote: »

what's so frustrating that with the copy paperwork I have (which details the covenant and indicates the area in red which it applies), is for the whole development, not just our house. That's what's so frustrating as no one else has had this problem, houses are being sold......

So this is not a real problem. Has your solicitor not set your mind at rest here?

You really need to determine whether or not this is a real problem and be confident about it. It is no good trying to deal with your buyers on the basis of 2 possible views on whether it is a problem. Once you are clear in your own mind you will be better able to deal with them.

If you are not really sure whether it is a problem, then they are going to take their cue from you.

Thrugelmir

JennyW wrote: »

Ok......

So basically put the house back on market whilst the buyers continue to make up their mind?

My solicitor said that 2 messages have been left, they've just tried again but no answer so assume the solicitor has gone home :mad:

Unbelievable........

Make contact with the buyers through the EA tomorrow.

Not the solicitors decision. Solicitors follow the instructions of their clients.

JennyW_2

ValHaller wrote: »

So this is not a real problem. Has your solicitor not set your mind at rest here?

You really need to determine whether or not this is a real problem and be confident about it. It is no good trying to deal with your buyers on the basis of 2 possible views on whether it is a problem. Once you are clear in your own mind you will be better able to deal with them.

If you are not really sure whether it is a problem, then they are going to take their cue from you.

thank you.....Yes, I'm confident this is not a real problem and the solicitor knows it's not a problem. It's just that her replies do not satisfy him. And as I said, his reply to an indemnity policy is that it devalues. I feel we're just up against a brick wall...... I've just emailed the agent to show him a copy of the covenant and red plan to show it's the whole development and not our house. Both the agent and my solicitor have said to me that this is a first and they've been selling these houses for 3 years.

sorry, just to add, yes my solicitors have put my mind to rest on this (plus the Bloor solicitor), but it's just the fact that the buyer's solicitor wont accept it. Another week has now gone by and that's what's so annoying, plus he's gone home without ringing my solicitor back!

JennyW_2

Thrugelmir wrote: »

Make contact with the buyers through the EA tomorrow.

Not the solicitors decision. Solicitors follow the instructions of their clients.

yes I will call the agent tomorrow, I'm dealing with the Manager so I need to speak to him, however I doubt the solicitor will be back until Monday now.

I understand what you say about the solicitor's decision......

When my agent asked him how he felt about this covenant he replied "we are being guided by our solicitor". It's as if he cant make his own decision. Plus he got frightened by being told that the indemnity policy (not that it needs one), would devalue the house.

like I said previously, I really wonder who's buying this house...