The other party's dodgy conveyancer

Kynthia

I can only suggest that the buyers ask their solicitor why these things are essential to the purchase and ask him to put it in writing. If they aren't essential he will be reluctant to put it in writing and they can insist on exchanging.

MobileSaver

Dunree wrote: »

where do we stand for recovering our expenses via the court systems?

You have absolutely no chance of recovering your expenses because until you formally "Exchange" there is no contract in place between you and your buyer. Either of you are free to pull out for any reason - as in fact you are now threatening to do and similarly if you do your buyer will not be able to sue you for his wasted legal costs.

Your real complaint should be against whoever recommended you Complete just two days after Exchange... that was always going to be a huge risk and it sounds like you are about to find out the hard way how risky that was.

In your shoes I would be revisiting your statement "Friday is the only day this year we can move" as most people here will find that extremely hard to believe. I can totally believe it may not be so convenient to move another day, indeed your own personal circumstances may make it very inconvenient to move some other day. However for it to be physically impossible to move any other day this year seems improbable; where there's a will there's a way.

Good luck OP, hope you get this sorted one way or the other.

Dunree

zarf2007 wrote: »

The other option is to state via the EA to the person buying your place that if you do not exchange on the day specified and this was due to any reason other than the lenders requirements not being met, you will relist the property and they will lose out. It may push them into kicking their solicitor hard enough.

Failing that, you just need to pray as you have no comeback if it doesn't go ahead.

I've already drafted an e mail to that effect. It will be sent tomorrow

Kynthia wrote: »

I can only suggest that the buyers ask their solicitor why these things are essential to the purchase and ask him to put it in writing. If they aren't essential he will be reluctant to put it in writing and they can insist on exchanging.

It seems that the buyers aren't aware that this has been going on, judging by the conversation my mrs had with him last week.

MobileSaver wrote: »

You have absolutely no chance of recovering your expenses because until you formally "Exchange" there is no contract in place between you and your buyer. Either of you are free to pull out for any reason - as in fact you are now threatening to do and similarly if you do your buyer will not be able to sue you for his wasted legal costs.

Your real complaint should be against whoever recommended you Complete just two days after Exchange... that was always going to be a huge risk and it sounds like you are about to find out the hard way how risky that was.

In your shoes I would be revisiting your statement "Friday is the only day this year we can move" as most people here will find that extremely hard to believe. I can totally believe it may not be so convenient to move another day, indeed your own personal circumstances may make it very inconvenient to move some other day. However for it to be physically impossible to move any other day this year seems improbable; where there's a will there's a way.

Good luck OP, hope you get this sorted one way or the other.

Thank you

We have given them five separate dates, they gave us one. We compromised on next Friday for completion, but it is genuinely the only day we can do this side of January.

We were supposed to exchange last week until he threw another spanner in the works, this would have given everyone ample time to get things arranged.

I strongly suspect that either this guy is incompetent (as does our conveyancer) or he just isn't ready, in spite of having been given ample time to get his act together.

As it stands just now, I have drafted an e mail ready to go to the estate agent along the lines of:

The buyers solicitors have been given everything they have ask for, yet still threw a last minute spanner in the works; i.e.; the ***************************.

My position is. If the contract exchange does not take place on Wednesday with a view to completing on Friday, then the property will be taken off and remarketed next year, and it will not be through our current estate agent.

If this happens, this will be the sole responsibility of ********************** conveyancing

We have bent over backwards to accommodate them, but still they throw up obstacles.

Could someone please alert the buyers as to the behaviour of their conveyancer and to get them to put pressure on them to get this sorted once and for all, so that everyone can exchange on Wednesday.

I know this sounds a bit extreme, but I'm trying hard not to let my temper get the better of me.

Any advice/input/thoughts will be much appreciated

Dunree

anselld wrote: »

You cannot complain against someone else's solicitor as they don't work for you.

You cannot claim anything via the courts until after exchange.

Until exchange nothing is "agreed". Dates can change and additional demands can be made. The buyers additional demands are no more unreasonable than your statement that Friday is the only one day of the year you could move!

It's not the buyers, it's the buyers conveyancer....

anselld

Dunree wrote: »

It's not the buyers, it's the buyers conveyancer....

The same applies. In fact even more so if the buyer's conveyancer is being driven by requirements of the mortgagee. The mortgagee have no vested interest in your proposed timescale; they are only protecting their own interest.

Dunree

anselld wrote: »

The same applies. In fact even more so if the buyer's conveyancer is being driven by requirements of the mortgagee. The mortgagee have no vested interest in your proposed timescale; they are only protecting their own interest.

Hi Anselld, I understand that they have that obligation, but one minute everything was ok, then all of a sudden, at the last minute, he changes his mind...

Do you think sending an e mail like the one above make a difference?

Thrugelmir

Kynthia wrote: »

they can insist on exchanging.

Not if the mortgage isn't in place.......

Dunree

Thrugelmir wrote: »

Not if the mortgage isn't in place.......

From what I've been led to believe, everything is in place.

macman

Dunree wrote: »

Hi Anselld, I understand that they have that obligation, but one minute everything was ok, then all of a sudden, at the last minute, he changes his mind...

Do you think sending an e mail like the one above make a difference?

Which he is fully entitled to, until exchange has taken place. Either of you can alter anything you want, including price, dates etc, until that point. Or even withdraw entirely. And with no liability on either side.
By all means send a strongly worded email, or threaten to withdraw. But there's no obligation on them to comply.
That is why you should never commit yourself before exchange takes place.

Dunree

macman wrote: »

Which he is fully entitled to, until exchange has taken place. Either of you can alter anything you want, including price, dates etc, until that point. Or even withdraw entirely. And with no liability on either side.
By all means send a strongly worded email, or threaten to withdraw. But there's no obligation on them to comply.
That is why you should never commit yourself before exchange takes place.

Fair enough Macman...

It's just so frustrating being this close, especially when he said everything was ok and that everyone can get things ready for moving on Friday...