Chancel Search - Not confident of solicitor advice - Urgent advice needed

tigerinopen

Hi,

I went with the solicitor suggested by the estate agent and I have always felt like he is acting more for the estate agents and lesser for me. Many a times, I realized (like my mortgage offer) that estate agent got to know before me.

For last over a week, I am sending him queries and he takes many days to response - which may be normal. Last time, I asked him why he has not carried out the chancel search(even though it was part of the quotes he sent me), his response 3 days was that it is not needed since he has given me chancel indeminity insurance and then came the long weekend.

Sellers are now on our back and we are afriad we might loose the house and I spoke to solicitors again for last few clarifications and asked about Chancel search. He said "I am not trusted him" and that "he has already given us the insurance" and "it is very low low chances that you will ever face it". Other things he said are that "this is how he does for all his clients" and "even if the result of chancel came back possitive - it does not affect the value of the property" and "I would not be able to negotiate the price of the property" etc etc.

He said it would cost me another 40 quid to be done even though it was quoted in his purchase quotes

I felt bullied and dont want to annoy him as everything has to be done through him. We are ready to exchange the contract now but dont want to go ahead without this last clarity. I am not sure how many days it takes for this search to be done and estate agent may put the property back on the market.

What do you guys think. is solicitor behaving or I am being rushed into signing the contract?

How can I assure ourselves about the chancel.

I am planning to knock on the neighbourhood doors that were sold in last 2-3 years and ask them.

Regards,

anselld

You have a dog so there is no need for you to learn to bark.

tigerinopen

anselld wrote: »

You have a dog so there is no need for you to learn to bark.

so you recon that we take the Solicitor advise and go ahead with the contract exchange.

jjlandlord

If you have the search performed and it comes back positive, you'll just take the indemnity insurance...

agrinnall

Is the item in the quote for the Chancel search or for the indemnity insurance policy? Or is the indemnity a separate item? If you're sure you've got the insurance then simply tell the solicitor that you won't be paying for a search that hasn't been done.

anselld

tigerinopen wrote: »

so you recon that we take the Solicitor advise and go ahead with the contract exchange.

Yes. Chancel liability is a long saga, but indemnity insurance covers any risk you're likely to face from that direction.

tigerinopen

agrinnall wrote: »

Is the item in the quote for the Chancel search or for the indemnity insurance policy? Or is the indemnity a separate item? If you're sure you've got the insurance then simply tell the solicitor that you won't be paying for a search that hasn't been done.

All searches are listed under one entry (environment, drains, local and chancel).

tigerinopen

anselld wrote: »

Yes. Chancel liability is a long saga, but indemnity insurance covers any risk you're likely to face from that direction.

So no one will stay away from a property which comes with positve chancel search.

PasturesNew

Just take the insurance, it's cheaper/quicker than doing anything else.

Options are:
1] Search, then take the insurance (if that's even an option at that stage!)
2] Take the insurance.
3] Do nothing and never sleep at night.

Just take the insurance

Richard_Webster

Don't understand why they are bothering with a chancel search or insurance at all.

If the Land Registry entries show the Chancel Repair obligations then the buyer is stuck with them. If they don't then for anyone buying after 13th October 2013 there is no liability regardless of what a Chancel search might show.

There is a slim possibility that someone might attempt to register an entry before completion but a Land Registry priority search should show that and the buyer could refuse to complete.