What is the Quickest Time Solicitors Can Do Their Stuff?

Lizbetty

Good morning everyone!

I'm typing this with a heavy heart because my solicitor has just said she doesn't think we can move into our new house on the 18th November.

We are currently in a chain which goes - first time buyer (has mtg set up), our buyer (also has mtg set up), us (again, mtg set up), our vendor (no mortgage needed) and their vendor who is at the top of the chain (moving into rented due to separation, so no mtg needed).

Our buyer came up with the date of 18th November some time ago, which all parties agreed on. Obviously the solicitors needed to get cracking to allow that to happen, which most of them did, and all of us are ready. Bar one.

It turns out that the person at the top of the chain's solicitor has been 'sat on' the paperwork and hasn't even sorted out the contract. This was discovered on Friday when my solicitor sent me an email saying that she had a letter from our vendor's solicitor saying that completion would be in December now.

We are all pretty gutted/furious, exhausted with it all at this point.

Anyway, without going into the 'who's to blame' etc, I wonder if anyone knows how long it *could* take for their solicitor to do what they need to do - I guess this is contract and searches - and whether we should just admit defeat and forget the 18th November?

Bearing in mind the two people at the end of the chain won't have mortgages to sort out, and the rest of us are pretty much ready to exchange.

It's frustrating because we can't book removals without a date, but our buyer has stated quite firmly that she intends to pursue 18th November completion despite the people who are doing the important stuff seeming to say it can't be done. I am totally on her side with it but all this chasing is exhausting and appears to be futile without the support of the solicitors.

All advice would be welcomed. I'm so deflated. I've spent the weekend packing the kids' toys and books on the basis that it would probably be ok, only to get the email from our solicitor saying she doesn't think it's possible. *weeps*

Thanks everyone,
Lucy

ps all of the chain are in contact with each other by email/telephone and we're all on very good terms. I'm getting a feeling that I just asked how a long a piece of string is to be honest, mind you.

hazyjo

You could always sell and be 'homeless' for a few weeks? Do you have family you could stay with? Heaven forbid, if it did all fall through, you could probably secure a rental pretty quickly and worry about it in six months.

You'll hopefully all complete by Christmas anyway. I don't understand this mad rush to exchange on the first agreed date. It doesn't often happen - dates are often changed. In the scale of things, does it matter if it happens later?

Can you arrange a face to face meeting with your buyers to say you're extremely stressed, doing all you can, and want to complete as much as the next person? Sometimes people worry for the sake of it and they may think you're the one having second thoughts or are delaying.

Good luck.

Jx

cynicalgit_2

I feel your pain having just gone through a similar experience.
It's a nightmare not knowing what's going on.
The trouble with the house/conveyancing industry is that everyone tells lies.
You've got to hound agents/solicitors everyday until you finally exchange contracts.
Good Luck

cynicalgit_2

Didn't ask have you exchanged yet?
Are you just waiting to complete?
You can exchange and complete on the same day if necessary.

eddddy

Lucyeff wrote: »

Anyway, without going into the 'who's to blame' etc, I wonder if anyone knows how long it *could* take for their solicitor to do what they need to do - I guess this is contract and searches - and whether we should just admit defeat and forget the 18th November?

But are you sure that's the real problem? It sounds like your saying a client instructed their solicitor to get on with the sale of their house, and the solicitor ignored the instruction.

Perhaps I'm a very cynical person, but I would be considering other scenarios... like a separating husband and wife cannot agree settlement terms, so one party is blocking the sale, etc etc

cynicalgit_2

eddddy wrote: »

But are you sure that's the real problem? It sounds like your saying a client instructed their solicitor to get on with the sale of their house, and the solicitor ignored the instruction.

Perhaps I'm a very cynical person, but I would be considering other scenarios... like a separating husband and wife cannot agree settlement terms, so one party is blocking the sale, etc etc[/QU
POTE]
Precisely that's why everyone tells lies as a stalling tactic.
Yes I am a cynic.

Lizbetty

Thanks for your replies.

I wish we could move out into something short term, but we have a house full (kids dogs, pets) and my husband works from home, and so it would be a tough one and would probably kill me off altogether! We have no family with space for us, either.

Our vendors did agree to move out as they had initially not found anywhere when we put an offer in, but at this stage they have said they have nowhere to go either. I can understand their point actually, as it seems that we're so close and to have to move twice seems an upheaval for the sake of what could be a few days (could be!).

We haven't exchanged as yet - the person at the top of the chain is with the same agent as our vendor (you'd think communication would be better in that case, but quite the opposite!), and the agent has emailed me this morning to say that our vendor's solicitor hasn't got the contract yet from the person at the top of the chain. They said it was sent Friday, but the person at the top of the chain's solicitor isn't answering their calls at the moment to find out whether it went. Hmm.

The two solicitors at the very end don't seem to answer calls, actually. Mine is straight back with an email within minutes of my queries, thankfully!

It is very frustrating. I do wish we could just agree another date, but with the delays etc it seems pointless to get our heads together to find an agreeable date for the solicitors to again say it's too soon.

I have reassured our buyer that the problems are due to a solicitor error at the top of the chain, and I'm chasing as much as I'm able. I think she'd go round there given half the chance! The person at the top of the chain drove from Yorkshire to Lancashire days ago to sign up in person with their solicitor (which I assume was the contract?!) so as not to delay completion, and I've told her this too so that she knows everyone else is as keen to proceed as she is.

At least if we don't manage it, it gives me more time to fettle the house I guess...!

Our buyer has said that she is full of cold sores and ulcers with the stress of it, I'm having palpitations and have a cold and cold sores. It's madness. Hazyjo, it's true when you said it doesn't matter about the date changing, in the scale of things. It's just so awful when it's close to Christmas and all the kids (and the grown ups!) are geared up for being in their new place well in time for it.

Thanks again for your advice. I'll keep chasing (although after three hours sleep last night, I'm not feeling quite as annoyed as I haven't the energy) and see what happens.

Isn't it blimming stressful, moving house????

Lucy

Lizbetty

eddddy wrote: »

But are you sure that's the real problem? It sounds like your saying a client instructed their solicitor to get on with the sale of their house, and the solicitor ignored the instruction.

Perhaps I'm a very cynical person, but I would be considering other scenarios... like a separating husband and wife cannot agree settlement terms, so one party is blocking the sale, etc etc

I had wondered about this..and mentioned it to our buyer. They are in touch with the vendor by phone and she is adamant there's no problem. The couple who are separating both drove to St Helens to sign the paperwork, and so I assume the estate agent is being truthful (for once!).

I think I'm going to email the estate agent and just ask them to clarify what has happened to delay matters.

I must add by the way that our vendor's solicitor didn't even know they were buying on until a good week after they had placed an offer on the property they're buying. This is despite the vendor buying and selling with the same agents! Noone had notified their solicitor of their purchase. Which is very odd. It seems to be a comedy of errors actually at their end. I feel sorry for our vendor as they are really nice people, and the people who they are paying seem to absolutely terrible.

cynicalgit_2

It's a strange situation like driving a car without brakes or steering.
These things have a habit of suddenly resolving themselves.
Can't for the life of me understand why some people keep moving!
It's a hideous experience,not helped by English property law.
Good Luck

Road_Hog

Lucyeff wrote: »

It turns out that the person at the top of the chain's solicitor has been 'sat on' the paperwork and hasn't even sorted out the contract. This was discovered on Friday when my solicitor sent me an email saying that she had a letter from our vendor's solicitor saying that completion would be in December now.

That's a complete load of ballworks. Solicitor could have it done in a day and would need to if instructed by the seller.

The seller is stalling (I don't know the reason why). You need to phone your solicitor and ask them to phone the vendor's solicitor and ask what the hold up is.

I don't believe solicitors can lie (unlike lay people such as estate agents) and therefore would have to give an honest answer.

For example, I recently had a structural engineer's report done that I didn't want passed on to the buyer and my solicitor said, please don't forward it to me, as if the buyer's solicitor asks for it, I'll have to send it on to him.

Lizbetty

Good point. I've emailed my solicitor and asked the question, as well as the estate agents. It could affect whether our vendors will break the chain, if we find out it's an issue that could run on indefinitely.