Can a solicitor proceed?

kai1

I've been waiting almost 3 weeks to get any documentation from the vendor's solicitor on the property I want to buy. They have just issued a brand new 99 year lease and this will be issued in my name. My solicitor said he has finally received a draft contract and draft lease but without copies of the legal title, which they have yet to send, he cannot really do anything.

Would he not be able to start searches now he has the contract and lease? Or is it usual to check legal title first before starting searches?

Also there were a number of issues raised in the survey relating to the clauses in the contract - would he not be able to look into these now he has the contract?

Do you know a reason why they would have held up sending the legal title - could they be hiding something or do you think they are still in the process of altering it?

The reason I am posting here and not speaking to my solicitor is that he has gone awol and I thought it a good idea to get a second opinion!


Thanks

Richard_Webster

Where is the property and how long has the present owner owned it?

I ask that because if the title is unregistered then it is more work to provide the details to the buyer's solicitors and sometimes means copying loads of old deeds.

If the freehold title is registered then your solicitor can get copies of it from the Land Registry for £6 (inc plan) - although normally the seller would pay for the copies.

It is possible that the seller doesn't have a good title to the property and this could cause a problem for you in the future, but in general terms this is pretty unlikely and in most cases a buyer's solicitor would assume that the seller's solicitor could prove title and go ahead with the searches.

As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients