Vendor solicitor goes quiet and mortgage offer expires

piquet00

Hi, I am looking for a little advice because I am losing sleep over my current situation.

In May 2014 I negotiated a price to buy the house we are currently renting, solicitors were instructed and a mortgage applied for. I was aware from the outset that the purchase might not be 100% straightforward because the landlord and family built 4 houses ten years ago, currently live in 3 of them and we live in the "renter" on the end. The problem is that, because it was all in the family they never bothered with solicitors or the land registry, so as far as the latter are concerned it was a farm yard!

To cut a long and sorry story short, the land registry work has still not been completed and my mortgage offer has expired. My solicitor asked the vendors solicitor on Dec 10th last year for a timescale for completion so we could ask for an extension to the offer, but she has STILL not replied!

I find myself in the intolerable position of handing out rent to this family month after month with no prospect of the sale ever completing. To walk away would cost me my full solicitors fees plus the mortgage application fee, and of course removal costs since I would have to move out!

I have looked into complaining about their solicitor but it seems I can only complain about mine, and she is certain not to blame. The thing is, I have no idea whether the vendor's solicitor is simply acting on instructions from her client, or is just downright incompetent. Judging by the pathetic attempts at completing the TP1 form (we have had about 5 iterations, all incorrect in some way) it could well be incompetence.

What can I do to move this thing forward?

Thanks!

eddddy

piquet00 wrote: »

What can I do to move this thing forward?

I guess the short answer is talk to the vendor. Find out if they still want to sell to you.

If there were errors on the TP1, it may well be because the vendor gave their solicitor inaccurate/incomplete info.

(If the vendors say they still want to sell, but you doubt their intentions, you could request a 'pre-contract deposit agreement' or something similar.)

Thrugelmir

piquet00 wrote: »

I have no idea whether the vendor's solicitor is simply acting on instructions from her client,

That's what solicitors are employed to do. They cannot speak on behalf of their clients without consulting them first.

Any problems are the clients not the solicitors.

piquet00

eddddy wrote: »

I guess the short answer is talk to the vendor. Find out if they still want to sell to you.

If there were errors on the TP1, it may well be because the vendor gave their solicitor inaccurate/incomplete info.

(If the vendors say they still want to sell, but you doubt their intentions, you could request a 'pre-contract deposit agreement' or something similar.)

Thanks Eddddy, I do try and talk to the vendor but last time I did she told me that her family had basically taken over dealing with it and that she couldn't say anything. One of them is allegedly a retired barrister, but he will not communicate, so my only assumption is that they have changed their minds on selling. If that is the case, can I claim anything from them for the waste of time and expense they have put me to?

piquet00

Thrugelmir wrote: »

That's what solicitors are employed to do. They cannot speak on behalf of their clients without consulting them first.

Any problems are the clients not the solicitors.

I don't wholly agree with this - there are incompetent legal people and the vendors' is certainly a case in point. Four months into the purchase she claimed to have been unaware that there were issues with the boundaries at the land registry - something I and indeed anyone with a spare £3 could have known by purchasing the title plan from the LR website. As I said before, the TP1 has never had the correct purchase price on it, and each iteration either adds or removes a random set of paragraphs, and refers to a plan which is not attached.

Thrugelmir

piquet00 wrote: »

I don't wholly agree with this - there are incompetent legal people and the vendors' is certainly a case in point.

I understand your frustration. However so easy to make assumptions with only some of the facts. Casting aspersions won't aid your cause either. Not they will care as your not their client.