Solicitor refuse to exchange contract

oldtaxer

I am a FTBer and is recently close to exchange countract. The vendor did some alteration of the house a few years ago and of coz he needs to show us the relevant alteration documents. Actually these documents have been accessible via the council's website. The seller's solicitor has also promised to provide the planning permission, building warrant and regulation approval and completion certificate by the local council before the date of completion as one condition of the contract. However, my solicitor insists that he cannot exchange the contract because he need to send the documents to the surveyor for the confirmation beforehand. This would absolutely delay our date of completion and we therefore asked the solicitor to simply exchange the contract. Surprisingly he refused and told me he also acted for the lender. TBH I indeed do not think it is necessary to ask the surveyor for comments because the alteration has been approved and verified by the council! So where do I stand ? Is my solicitor correct that the completion certificate is not enough to verify the alteration?

Daerve

Your solicitor is a highly qualified legal professional, they have a legal obligation to act in the best interests of their client (you) and the lender.

If the solicitor won't exchange, it's for good sound reason.

mrginge

Sack your solicitor and do it all yourself seeing as you have the required legal knowledge.

Richard_Webster

Two separate issues:

1. To make sure building completed properly there needs to be a building regualtion completion certificate. Does the Council websiter show that such exists?

2. Your solicitor will need to see the planning permission to make sur ethat there are no conditions that have not been compied with.

oldtaxer

Daerve wrote: »

Your solicitor is a highly qualified legal professional, they have a legal obligation to act in the best interests of their client (you) and the lender.

If the solicitor won't exchange, it's for good sound reason.

Thank you for the advice, Daerve. I also appreciate my solicitor's position of acting for my lender. But I really have no idea why he is not satified with the building regs certificate and still needs comments from professionals. From my point, the building regs certificate is issued by the concil to confirm all alterations comply with the legislation and have full certification. Any alterations would not devalue the property if building regs certificate is provided....

oldtaxer

Richard_Webster wrote: »

Two separate issues:

1. To make sure building completed properly there needs to be a building regualtion completion certificate. Does the Council websiter show that such exists?

Thank you, richard. Sorry that I forget to mention the seller's solicitor has also promised completion certificate being provided as a condition of the contract...

TBagpuss

So ask your solicitor to explain why they are not happy to exchange. It sounds as though they have a concern and they are looking out for your interests and those of the lender, because once you exchange, you are locked into the contract. If he is concerned that the lender may not be prepared to lend without the additional information/documents then he would be negligent to exchange and potentially leave you committed to paying the seller but with no money from your lender.

Have you read the survey? Have you asked the solicitor what specific questions he wants to raise with the surveyor?

Marktheshark

It has to be checked that the work is as was stated to the council.
If it is not, say they asked to move a pantry and there was a room above and they skipped the RSJ, the lender will risk losing money.
They are the buyers, they buy, lend you some money and let you live in it until you pay it all back.
If you don't they throw you out.

Hence what the solicitors has to check the work was done as they claimed.
No they do not trust council inspectors.
They want a surveyor to state what they think based on what they have seen.

helibob

I had a similar thing (although mine was to do with land registry gubbins) and I was being told by the estate agent that it was fine and my solicitor was just being pernickerty. When my solicitor fully explained the situation, I realised that my solicitor was acting in my best interest and protecting me from risks and the sellers solicitor (from whom the estate agent was getting all his info) was acting *only* in the seller's best interest and trying to push things through when they weren't quite right, promising that everything would be sorted out later.

Frankly, if the seller's solicitor is promising to provide what your solicitor is requiring to exchange prior to completion date, I'd say, fine, have exchange and completion closer together, or even at the same time, once they've provided all the documentation required. Remember, the seller's solicitor owes you nothing.

oldtaxer

TBagpuss wrote: »

Have you read the survey? Have you asked the solicitor what specific questions he wants to raise with the surveyor?

Thank you for the reply, TBag Yes, the surveyor does not lift any problems on the alterations, only makes a general statement "valuation is made on the assumption that any alterations which may have been carried out to the property satisfy all relevant
legislation and have full certification where appropriate".

I have also asked my solicitor and he just simply said that what he does is a correct procedure that needs to be followed...

HouseBuyer77

I doubt you'll change the solicitors mind on what is required and from the sound of it it's not all that unreasonable. If the paperwork required can be obtained by the seller's solicitor I don't see why they can't just provide it pre rather than post exchange. Really all you can do is chase up whoever you need to to get the solicitor what he wnts.