12 December completion date looking dodgy!

Road_Hog

Why is the NHBC certificate so important? The solicitor should be able to check if one exists in time, even if it physically doesn't arrive, but I'm sure a PDF copy could be emailed over.


It seems that you are focussed on being wronged and compensation, when your efforts should be directed at getting the sale/purchase completed on the 12th.

PompeyPete

duchy wrote: »

As you've ignored the question it appears your solicitor did warn you of the pitfalls of exchanging ahead of the rest of the chain (if he didn't then you have a legitimate complaint against him).

I've said several times that I was aware of the risks and pitfalls. And I know I haven't got a legitimate claim against a solicitor. Where have I said that's what I want?

But, someone else's solicitor noticing the absence of an important piece of paper (NHBC Certificate), which should be high on the tick-off list of documents required, at the last minute is unprofessional. What's stopping him/her from not keeping their eye on the ball again and again?
If it was my solicitor I'd be furious. Basic errors in a lot of occupations by people earning significantly less that solicitors can make the difference between life and death!

How much do solicitors charge per hour? I hope that fee might include a commitment to attention to detail!

PompeyPete

Road_Hog wrote: »

Why is the NHBC certificate so important? The solicitor should be able to check if one exists in time, even if it physically doesn't arrive, but I'm sure a PDF copy could be emailed over.

The NHBC Certificate's important because if it's discovered that there isn't one, then I expect our vendor will be advised not to proceed with their purchase! That'd be fun!
That's why imho it ought to be high on their solicitors tick-off list, and not something that crops up at the last minute.

Road_Hog wrote: »

It seems that you are focussed on being wronged and compensation, when your efforts should be directed at getting the sale/purchase completed on the 12th.

Nowhere in this thread have I mentioned compensation. I'm completely focused on 12 December. Our sale will be completed on 12 December, and our buyer is blissfully unaware of what's going on further up the line, and nor do they need to know. Our removals are booked but the destination for our effects isn't.

ian103

Take a chill pill, let your sale go through, move your stuff into store, complete on your purchase when you can, if its before xmas take the time to do a few jobs in the new place, then move in the the new year. Limit your stress. Shouldn't cost a fortune as you should be able to get a reduction on the council tax. Utilities will be minimal use.

And speaking from recent experience decorating an empty house is much easier than a furnished one!

The day of the move in will be stressfree then!

RELAX there are more important things in life.

PompeyPete

ian103 wrote: »

Limit your stress.

I'm not stressed. Our Sale is the most important thing [see reply #19 for why], and we've achieved that.

PompeyPete

Me again!
Just had a phone call.
I wish I'd left starting this thread for 24 hours, as I wouldn't have had the need.
Thanks for all the contributions, and Merry Xmas!;);):T

cayennepepper

Pleased to hear it got resolved, good luck with the move.

PompeyPete

I've been pondering all the above for the last 24 hours, and I feel completely vindicated in how I've conducted things...

- I made a firm commitment at the outset to our young first time buyers, and all along the way they've kept out of our hair. We've kept our selling Independent Estate Agent fully in the picture with our buying progress, and he made sure that he's kept us up to speed with how our buyers were getting on.

- We made sure that everyone in the short [uncomplicated] upward chain knew about our commitment at the outset, and by exchanging contracts with our buyers at an early date, that gave those up the chain a date to firmly focus their mind on.

And all went well apart from a professional oversight, when all clients on the upward chain thought we were all ready to exchange.

PompeyPete

Got a £13,500 shortfall to pay between our sale and purchase.

Had to make the free electronic transfer from our Flex A/c in two lots.

Just got an e-mail from our solicitor telling us the money has arrived safely.

All systems go for tomorrow!:beer:

QTPie

Anything outside of your control is a risk - you accepted them and unfortunately one has materialised.

If solicitors were financially for all of their incompetences, then there would be considerably less trading by now... You have my sympathies because we are also currently suffering "vendor's solicitor incompetency" (them conveniently "not receiving" their client's comments whilst simultaneously ignoring our solicitor's repeated requests for updates): should have exchanged 3 weeks ago, but I am not optimistic about exchanging by Christmas now - nothing at all holding up exchange except vendor's solicitor's extreme slowness, unresponsiveness and talent for "loosing" things... However there is nothing we can do about it (we have our solicitor chasing and the seller - private sale - is pushing from their end).

You also have my sympathy because we have had to rent between selling (completed mid-November) and buying (completion supposedly mid-January, but who knows with their solicitor...). Are you using a proper removals company? Some of our stuff went into storage, but (although you pay for the storage) the "pick-up and drop-off at new property" are all included in the price: so the stuff that is in storage doesn't effectively "move twice". Sometimes you do what you have to do.

My two strong beliefs about selling and buying property:
- absolutely NOTHING is certain (nothing at all - not even solicitor competency) until exchange of contracts.
- always insist on a good space of time between exchange and completion to sort any problems put. Obviously you did this with your sale, but since you didn't exchange on a purchase at the same time, you didn't give yourself room for error.

Good luck. It will be painful, but you will get there.

PompeyPete wrote: »

I knew all the acceptable risks. What I don't find acceptable is a solicitor noticing that a bit of paper is missing right at the moment everyone is ready to exchange. The house in question is only 6 years old. So is it not reasonable to expect a competent professional to have the NHBC Certificate high on his/her tick list of documents that need to be produced?