Aggressive estate agent, solicitors in a battle

Kazza_Monkey

Just wanted to say it is not too late to change solicitor if you haven't exchanged. Our buyers had to change solicitor just before exchange because their lender wasn't happy with them having the same solicitor firm as us. However new solicitor new broom and they are trying to renegotiate the sale price now 2 months after the survey. Don't be too disheartened as if you explain to the ea the problem with your solicitor they should tell their client about your response. I must admit I have had to throw a tantrum with my ea as they completely ignored all my voice mails and emails and my solicitor kept telling me I had to contact them and not him!!! It may be that your vendor has done a similar thing and might not be as bad as you have been led to believe:)

ethank

deleted my post

Cissi

Leo2020 wrote: »

When we tried to sell our house our buyer's solicitor asked for planning permission and permission from the landlord for the following:

-Loft conversion into a bedroom
-Porch addition
-Kitchen extension
-Dropped kerb
-Block paving to the rear of the property

We have none of those. So the questions may well be irrelevant.

pjread wrote: »

They might be from yours or the buyer's perspective, but did you have to provide an indemnity against the missing planning permissions? Mortgage co might be insistent on things like this.

I took Leo2020's post to mean that their house has none of those extensions etc... This would make those particular questions irrelevant.

ethank

ValHaller wrote: »

The current post 13 is


So what have I done wrong? In my quote, I redacted the spam payload.

Do be aware that for this kind of thing you need to specify the poster and not the post number, because numbers do change

Sorry ValHaller - the previous post 13 was from beyourself. I reported the SPAM and then requested someone else to do it (It takes two reports before something can be removed)

Someone must have pressed it which meant you became post 13, and you'd done nothing wrong. :A

Sorry

Keira_B

Our solicitor was provided as part of our Mortgage package.

The enquiries we're still waiting on fall into two categories:

Leasehold Enquiries - the vendor's solicitor has said they've done these but our solicitor says they haven't received a copy.

General Enquiries - including possession of documents of title, difficulty in rights of access, details of structural alterations, Charges Register, copies of certification, landlord details not matching on different forms, ground rent receipt, Buildings insurance receipt, communal areas - details of any charges, confirmation from Freehold managers about current fees and whether we'd be able to extend the Leasehold.

Their solicitor has said she's 'put a tape out for dispatch', which was Thursday last week but our solicitor hasn't received it yet. I'm guessing this is a tape which will be dictated by a clerical member of staff and sent in a hard copy?

We're now at the stage where we're starting to doubt the sale will ever happen as the vendor has again said she's made an appointment to exchange this Thursday, even though we've stated every day for the past three weeks that the enquiries still haven't been completed.

We're now being cc'ed into and/or forwarded some emails between our solicitor, the estate agent, the vendor and - very rarely - the vendor's solicitor. I will call our solicitor today and ask for all correspondence.

I will also email the estate agent again today to chase, but my email yesterday was met with radio silence and my partner's opinion is that the EA has washed his hands of the sale as he knows it will fall through.

Mobeer

"our EA" - is the person helping you sell. You sound as if you are describing the behaviour of the vendors EA. Tell their EA that he has done his job well (he introduced you) and now the vendors solicitor is failing to do their job. Then leave their EA alone.

ValHaller

Keira_B wrote: »

Our solicitor was provided as part of our Mortgage package.

The enquiries we're still waiting on fall into two categories:

Leasehold Enquiries - the vendor's solicitor has said they've done these but our solicitor says they haven't received a copy.

General Enquiries - including possession of documents of title, difficulty in rights of access, details of structural alterations, Charges Register, copies of certification, landlord details not matching on different forms, ground rent receipt, Buildings insurance receipt, communal areas - details of any charges, confirmation from Freehold managers about current fees and whether we'd be able to extend the Leasehold.

Their solicitor has said she's 'put a tape out for dispatch', which was Thursday last week but our solicitor hasn't received it yet. I'm guessing this is a tape which will be dictated by a clerical member of staff and sent in a hard copy?

We're now at the stage where we're starting to doubt the sale will ever happen as the vendor has again said she's made an appointment to exchange this Thursday, even though we've stated every day for the past three weeks that the enquiries still haven't been completed.

We're now being cc'ed into and/or forwarded some emails between our solicitor, the estate agent, the vendor and - very rarely - the vendor's solicitor. I will call our solicitor today and ask for all correspondence.

I will also email the estate agent again today to chase, but my email yesterday was met with radio silence and my partner's opinion is that the EA has washed his hands of the sale as he knows it will fall through.

Elsewhere I suggested

ValHaller wrote: »

Get the correspondence from your solicitor asking for the queries and the correspondence from the vendor's solicitor and come to a firm view as to what is going wrong here and act on that view. Don't take no for an answer from your solicitor.

......

At the bottom of it, someone is mucking around. Rather than lose faith in the process, you need to get to the bottom of what is going wrong and why - and get them sorted out. Your solicitor should be working for you. They should be asking hard questions on your behalf and it seems more likely that the other side are reluctant to be pinned down to some answers. But there is a small possibility that your solicitor is being over cautious. Whatever you do, to the other side, you should stand with your solicitor right up to the point that you sack them if that is what you need to do. But get advice first.

Have you asked for and got that correspondence? Being copied in on things now means you are being fobbed off if you did actually ask for the correspondence suggested.

Keira_B

Hi there

Yes, I now have scanned PDF copies of post correspondence between our solicitor and theirs.

On 3rd December vendor solicitor sent letter saying "with regard to your enquiries before Contract please be advised that we do not answer pre-printed forms of enquiries and are dealing with this matter by way of Protocol. These are therefore returned to you."

It goes on to say "we believe this answers all of your enquiries and we will be arranging for our client to sign the Contract in readiness for exchange."

After this letter, the vendor's solicitor told ours that they'd prepared this 'tape' for dispatch last Thursday 12th December but our solicitor hasn't received it yet. Despite this, the vendor has made an appointment to exchange with her solicitor tomorrow.

It's a bit like a Kafkaesque nightmare.

Ulfar

The questions that are outstanding sound highly relevant.

As for their solicitor not answering pre-printed forms, do they still do everything by quill as well.

I think as others have suggested that you need to talk to the vendor direct. They need to give their solicitor a stern talking too.

ValHaller

Keira_B wrote: »

Hi there

Yes, I now have scanned PDF copies of post correspondence between our solicitor and theirs.

On 3rd December vendor solicitor sent letter saying "with regard to your please be advised that we do not answer pre-printed forms of enquiries and are dealing with this matter by way of Protocol. These are therefore returned to you."

It goes on to say "we believe this answers all of your enquiries and we will be arranging for our client to sign the Contract in readiness for exchange."

After this letter, the vendor's solicitor told ours that they'd prepared this 'tape' for dispatch last Thursday 12th December but our solicitor hasn't received it yet. Despite this, the vendor has made an appointment to exchange with her solicitor tomorrow.

It's a bit like a Kafkaesque nightmare.

When did your solicitor send " enquiries before Contract"? I note that the draft contract was received about 30th October, so barely acceptable and far from shining performance between the 2 lots of solicitors to have a reply to queries on 3rd December.

I am puzzled by the reference to "dealing with this matter by way of Protocol" - what is your solicitor's explanation of this? Ask and expect an answer!

Obviuosly, your vendor will not be exchanging on Thursday - she will only be going to sign her side of the contract.

Probably it is time to have another viewing with vendor present and talk through what is going on an try to work together to kick the solicitors though their process This is probably better than a polite letter which you were proposing