Can't complete due to Priority Search

m0bov

I still think the OP should be getting this escalated within their Sol's own practice via the complaints process before they end up getting their ars*e* sued off!

xylophone

If the other purchaser did not exchange, why was a priority search registered?

http://freeconveyancingadvice.co.uk/sale-purchase/pre-completion-searches

Ask to speak to the Senior Partner.

Hoploz

Sounds to me as if the other solicitor, who applied for this post-exchange search is at fault, as they have not exchanged. I'm sure land registry will sort it out once they are made aware of the legal hiccup, but it'll probably mean a delay. Lucky there's no chain and OP is a FTB. What a start to getting on the ladder! Must say, I've never heard of this!

silvercar

Something wrong somewhere, otherwise anyone in a contract race would register a priority search to kill off the competition.

King_Slayer

I think I'm as puzzled as everyone else! How can the other buyer conduct this search without having completed? Surely they would need to have exchanged first! I can't understand why they'd be willing to pay for a search package and waste their money? Unless this was submitted prior to exchange and their SOL has c****d up and not cancelled?

Shahni

sk123 wrote: »

Isn't "land registry priority search" (OS1?) done post exchange and pre completion? All other standard searches (local authority, drainage, water/environ, chancel etc.) were done before exchange.

Yes, it is. Normally around a week before completion.

Fingers crossed your solicitor can get it sorted out.

DandelionPatrol

pinkteapot wrote: »

It sounds like you've been royally shafted. If you don't complete, you could lose your deposit and by sued for other costs by the seller. But your solicitor is saying that if you do complete then the Land Registry won't register the house to you with this search outstanding?! :eek:

You need legal advice, and fast. Preferably work with your solicitor on this but, if you no longer trust them, get advice from a different one.

What does the EA say? While you should be getting legal advice, it's also worth trying to get the EA to put pressure on the other buyer to pull out and withdraw that search. EAs will wade in if they smell their commission (they get paid on completion) going down the drain.

I do not see this as a big deal. Seller is obliged to sell according to the terms of the contract. And the standard contract should cover scenarios of this type. If OP cannot register the property, then Seller is effectively not able to do their part of completing.

I think this is mostly a problem for the seller which is why his solicitor is threatening to sue the other "buyer". Probably other "buyer's" solicitor pulled a fast one by placing the priority search to cause just the consternation we are seeing and to steal the house.

pinkteapot

Fair point, DandelionPatrol.

Land_Registry

Withdrawal of the prior search would have to be requested by the applicant themselves and not the seller.

Applicants are expected to withdraw searches where they are no longer needed as explained in Section 10 of our Practice Guide 12

Conveyancers/Solicitors should be well aware of their responsibilities re such matters and as mentioned an OS1 is a pre-completion search

Forcing the applicant to withdraw their search is though a legal matter and therefore one for the courts to decide on - there is no clear legal remedy available to the title holder and it is all based on the facts involved.

The current Land Registry Rules do not provide for any remedy against someone who wrongfully, and without cause, lodges a priority search application, or refuses to withdraw an official search once an intended transaction has 'gone off'.

Court action though is not always 'swift' so relying on the professional etiquette and conduct of the conveyancer involved is probably the only option and presumably your own solicitor will be aware of this? You mention your seller's solicitor reaching out to the applicant but has your own solicitor not yet taken it up with them?

zarf2007

Land_Registry_representative wrote: »

Withdrawal of the prior search would have to be requested by the applicant themselves and not the seller.

Applicants are expected to withdraw searches where they are no longer needed as explained in Section 10 of our Practice Guide 12

Conveyancers/Solicitors should be well aware of their responsibilities re such matters and as mentioned an OS1 is a pre-completion search

Forcing the applicant to withdraw their search is though a legal matter and therefore one for the courts to decide on - there is no clear legal remedy available to the title holder and it is all based on the facts involved.

The current Land Registry Rules do not provide for any remedy against someone who wrongfully, and without cause, lodges a priority search application, or refuses to withdraw an official search once an intended transaction has 'gone off'.

Court action though is not always 'swift' so relying on the professional etiquette and conduct of the conveyancer involved is probably the only option and presumably your own solicitor will be aware of this? You mention your seller's solicitor reaching out to the applicant but has your own solicitor not yet taken it up with them?

so with this in mind whats to stop me from instructing a solicitor to place a 'priority search' on a £10m London Property and then telling the genuine purchaser I will remove if it if they pay me £50K?

someone with that kind of money may not want to wait and fight it through the courts and may just pay up, Nice little earner I would have thought. Isnt this the property version of domain name grabbing?