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my solicitor is too busy to exchange

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i wonder if anyone can help? i am buying a flat and everything ie searches, valuation, mortgage offer queries to the vendor are completed but the solicitor has not yet looked at my file and says he is too busy to do so until maybe next week. the work that has been done ie sending for searches etc has been done by his assistant. i spoke to the solicitor yesterday and he says he is too busy at the moment to look at my file. the vendor is now threatening to re advertise the property and my lease ends on the 20th. of november. i have offered extra money for the solicitors to move the case on and have spoken to other solicitors who say that they will have to begin from scratch if they take over the case.
can anyone advise me on what to do. there is no chain just myself and the vendor. thanks
happi
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Comments

  • kingstreet
    kingstreet Posts: 39,265 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Has the vendor suggested his preferred completion date to his solicitor?

    Until a completion date has been agreed between all the parties, you can't exchange.

    Work out a completion date that suits you, then tell your solicitor and he'll then contact the vendor's solicitor to arrange exchange with completion for that date.

    Not great, but at least you're moving things along between you.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • happilass
    happilass Posts: 157 Forumite
    thanks kingstreet but we have suggested dates and the solicitor just says that he hasn't time to exchange yet. we have no contact with the vendor but speak to him through the ea.
    thanks again
    happi
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    happilass wrote: »
    i am buying a flat and everything ie searches, valuation, mortgage offer queries to the vendor are completed but the solicitor has not yet looked at my file and says he is too busy to do so until maybe next week. the work that has been done ie sending for searches etc has been done by his assistant.

    Don't feel pressurised by your vendor. This week is half term so possibly your solicitor has some time off.
  • happilass
    happilass Posts: 157 Forumite
    edited 29 October 2013 at 8:40PM
    thanks thrugelmir that is an explaination i had not considered
    happi
  • ging84
    ging84 Posts: 912 Forumite
    Part of the Furniture Combo Breaker
    it sounds a bit unreasonable, but on the other hand atleast he's being quite up front
    it's fairly common for people to get fobbed off with excuses
  • ACG
    ACG Posts: 24,586 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    It sounds extremely unreasonable! If your too busy dont take the work on!

    I would be going in there and kicking up a right fuss! He should be working longer hours if he has taken on the job. Is it a big firm? Ask for his boss, if not ask what his complaints procedure is - basically just make his life a living hell so he just wants to get rid of you and will complete asap.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • zarf2007
    zarf2007 Posts: 651 Forumite
    Ninth Anniversary Combo Breaker
    happilass wrote: »
    thanks kingstreet but we have suggested dates and the solicitor just says that he hasn't time to exchange yet. we have no contact with the vendor but speak to him through the ea.
    thanks again
    happi

    Yeah I can understand that, I mean you are only paying these idiots for a service so tell him to take all the time in the world.....jeez which other profession can act like this and get paid for it.....

    Or say to him if you lose your property due to his incompetence you will report him to the legal ombudsman.....but tbh he will probably get a pat on the back from someone he went to law school with...
  • happilass
    happilass Posts: 157 Forumite
    thanks to you all for taking the time to reply. i agree that at least he has been honest with me. i have complained earlier in the process but he said that i had no confidence in him so i should go elsewhere. i approached other solicitors but they said that i was too far down the road and it would take longer to start again. so i apologised and withdrew the complaint, just to try to keep him onside.
    i know i sound like a little, timid, idiot but i am actually the opposite however, i cannot do anything to change the situation. i can't see him because he would refuse to see me and it would just irritate him.
    thank you so much for your suggestions though.
    happi
  • If it's a flat you are buying (assuming England or Wales?) this may well be the stage at which several issues arise.

    Your solicitor has to look at the lease, and he may then raise some more questions for vendor's solicitor, possibly referring back to the freeholder.

    This is not a routine tick box exercise - it's important to get it right, for your own protection.
  • ethank
    ethank Posts: 2,197 Forumite
    Holiday Haggler I've been Money Tipped!
    Having just gone through 78 days of hell before I exchanged last week, just keep informing everyone of the work that has been completed. Despite all the threats, it is unlikely that anyone is going to pull out on you if they know the sale is moving forward.

    I always called my solicitor & estate agent 3 times a week to see how things were progressing, and whether I could solve any problems.
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