Sellers solicitor very "relaxed" and delaying exchange

RockSolid123

Hi guys and girls.

Only just joined up but been browsing for a while, picked up so much advice that’s helped me along the journey of a first house purchase so far, so thank you all.

I’m a first time buyer in the process of buying a property and I’ve come up against a non co operative/un - contactable sellers solicitor.

Out solicitors checks generated some enquiries which have been with the sellers solicitor for the last few weeks.

We had our exchange date set for last Friday but that was not met by the sellers solicitor due to them not sending in responses to our solicitors enquiries.

I have confirmed with the seller that the documents required have been sent in to their solicitors two weeks ago.

The issue is that the sellers solicitor is un contactable, her assistants and secretary confirm that they will “look at it” but nothing is being done, its becoming really frustrating as the seller and I have completed all that was required of us.

Our completion date is this Friday, and we need a place to live by Saturday so its imperative this exchanges quickly. I’ve already insured the house and provided everything I need to, for my solicitors to exchange.

My question is, is there anything else I can do to escalate further, I’ve already been in touch with the seller, the estate agent and they’ve both chased the sellers solicitor but we still haven’t had responses, just promises to “look into it”.

The seller is also increasingly frustrated at the “relaxed” attitude of their solicitor.

I’ve contemplated obtaining the documents from the seller and forwarding them directly to my solicitor (it’s a electricians certificate for re wiring the property), however I guess my solicitor would need to speak to the sellers solicitor to exchange.

What would you do?

Mallotum_X

The seller needs to put a rocket up their solicitor. You have done things right it would appear but the only people the solicitor is answerable to is the seller.

tberry6686

If you haven't exchanged yet then your completion date is not Friday. The completion date is normally set on the exchange of contracts. (unless you plan to exchange and complete on the same day).

Ide start making arrangements so you have somewhere else to stay from Saturday onwards.

G_M

RockSolid123 wrote: »

Hi guys and girls.

We had our exchange date set for last Friday but that was not met by the sellers solicitor due to them not sending in responses to our solicitors enquiries.
......

Our completion date is this Friday, and we need a place to live by Saturday so its imperative this exchanges quickly.

You have not Exchanged, so clearly your "completion date is not this Friday "

Completion date is only set at the point of Exchange, and until then you should plan nothing.

Only the sellers can put pressure on their solicitors.

You, of course, could put pressure on your sellers by threatening to pull out of the purchase, but would you actually do this....?

* You'd lose all the money you've paid out to date and
* Be back to square one and house-hunting again.

So I would not use this ultimat bluff (which you are unlikely to act on...?) but just pressurise/plead with the sellers, and meanwhile start planning where you will be sleeping on Saturday.

bylromarha

Not Convey Law, is it? Or Chartahouse? Had very lax work from both.

RockSolid123

Agreed we do not have a completion date set, however we have agreed a completion date verbally with the seller who also has confirmed this with their solicitor,


The sellers solicitors are Chadwick Lawrence


Thank you for your responses so far, ill speak to the seller tomorrow

ethank

Is there an Estate Agent? Get them to call the Sellers solicitor and find out what is going on.

Snakey

There is nothing you can do about it. It's really frustrating.

As I understand it, your solicitors have to get everything they need from the other party - even if you can answer their questions yourself, that's not the point, the point is that they need the seller to provide the answers/documents/assurances etc.

I walked away from a deal because of total incompetence (bordering on dishonesty) on the part of both the seller and her solicitor. I don't regret it because I found another flat just as nice, but I would have regretted it if I hadn't! So you're really taking a chance on the market. Also, at the time it was so depressing and horrible and I lost all my legal and survey fees and had to unpack all my boxes (like you, I'd assumed that a gentlemans' agreement was as good as a legal document and that we'd still be completing as agreed even if the exchange was later than planned - not the case!).

Like everyone else says, start making plans for what you're going to do on Saturday. You cannot force this to happen at all, never mind by a certain date. All you can do is bluster and threaten, and if that doesn't work you have put yourself in the position of having to either cut your nose off to spite your face (unless it's true that you don't want the property at all unless you can have it this weekend) or look like a complete tit with a humiliating climb-down. It's much better to relax and get through it.