Purchase due to complete on 7th August but have had NOTHING from solicitor

banwa

Hello again all,

Well, we seem to be going round and round in circles in some kind of merry dance. I have called the solicitor and the EA every day (often more than once) and yet am no further on than when I first posted

My solicitor has asked for the planning permission and the building certificates for the extension. The vendors solicitors have sent the planning consent, and a 'building notice', but not the certs.

My solicitor is also asking for docs for the conservatory. I didn't even realise you needed regs for that.

So the vendors solicitors are saying we have everything we need. My solicitor is adamant that we don't have everything we need. We are at a complete impasse.

I just don't know how to move this forward at all.

Anyone been in this position before? Any advice please?

m0bov

Why not call up the vendor and speak directly? Cut out the middle men/women and explain that its taking too long.

I would also start to look at other properties as it sounds like the vendors have either got a problem or cold feet.

banwa

I tried the vendor a few times last week, on their home no with no answer. The EA confirmed today they are holiday gave me the mobile number today. I am reluctant to call them when they are on holiday. I feel like they should know what is going on though, especially if they can put pressure on from their side too

We really really want this house so I really don't want to look at other houses. There MUST be a way round it. It can't be impossible for those vendors to sell that house to me.

But you might be right to start looking again so that if the worst happens, we are less emotionally invested.:(

m0bov

If they want to sell their house then they need to know! Why take a holiday when you were expecting to complete!

G_M

Why is your solicitor insisting on the docs?Is it:

* because the mortgage lender demands them (nothing you can do)?

* or because he thinks YOU should have them? You can over-ride him if you are not concerned about the docs, and instruct him to Exchange.

BazzaDP

G_M wrote: »

Why is your solicitor insisting on the docs?Is it:

* because the mortgage lender demands them (nothing you can do)?

* or because he thinks YOU should have them? You can over-ride him if you are not concerned about the docs, and instruct him to Exchange.

Oh G_M, normally agree with what you say so will ask if you're really sure about this because this seems like TERRIBLE advice to me?

I'm presuming the conservatory docs are planning permission or guarantee docs. Why wouldn't you want them? Unless you are prepared to deal with the cost (and loss in value) of being forced to tear it down or watch it collapse? OP doesn't sound too confident in the house selling process so I would caution against ignoring solicitor's advice.

G_M

I didn't say "should" over-ride solicitor, I said

You can over-ride him if you are not concerned about the docs

Op is looking for a way to speed things up. This is an option.

Whether it is wise in this particular case, (or in general) is up to the OP.

Many (new) buyers do not fully realise the solicitor works for them, and/or they treat solicitors as some sort of god. Yes, they have experience; yes, they have knowledge of the law; yes they can, and should, advise.

But ultimately it is the buyer's cash and he can do as he wishes (within the law).

JennyW_2

banwa wrote: »

I tried the vendor a few times last week, on their home no with no answer. The EA confirmed today they are holiday gave me the mobile number today. I am reluctant to call them when they are on holiday. I feel like they should know what is going on though, especially if they can put pressure on from their side too

We really really want this house so I really don't want to look at other houses. There MUST be a way round it. It can't be impossible for those vendors to sell that house to me.

But you might be right to start looking again so that if the worst happens, we are less emotionally invested.:(

If you don't want to call the then TEXT them. That way you can explain the situation fully or ask for an email address?

I have our vendor's email and we have managed to keep each other up to date

BazzaDP

G_M wrote: »

I didn't say "should" over-ride solicitor, I said

Op is looking for a way to speed things up. This is an option.

Whether it is wise in this particular case, (or in general) is up to the OP.

Many (new) buyers do not fully realise the solicitor works for them, and/or they treat solicitors as some sort of god. Yes, they have experience; yes, they have knowledge of the law; yes they can, and should, advise.

But ultimately it is the buyer's cash and he can do as he wishes (within the law).

OK see your point now, but to me that is a drastic course of action so thought it worth making more clear in case they read your original post as a suggestion on what they should do. I read OP as WANTING to speed it up, not NEEDING to, so this would probably be an unnecessary risk.

G_M

BazzaDP wrote: »

OK see your point now, but to me that is a drastic course of action so thought it worth making more clear in case they read your original post as a suggestion on what they should do. I read OP as WANTING to speed it up, not NEEDING to, so this would probably be an unnecessary risk.

Fair point.

Though of course many of these bits of paper are useless (except to increase insurance companies' profits via pointless indemnity policies - another bug-bear of mine!)

Building Regs, for example cannot be enforced via S36 Notice once 12 months have passed.

See here

A section 36 enforcement notice cannot be served on you after the expiration of 12 months from the date of completion of the building work, but this does not affect a local authority's (or any other person's) right to apply to the Courts for an injunction for the same purpose.

I have never come across a case where the LA apply for a court injunction. And this would only happen in an extreme case ( eg a newly built hospital did not comply and was a danger to patients....)