Solicitor refuse to exchange contract

oldtaxer

HouseBuyer77 wrote: »

I doubt you'll change the solicitors mind on what is required and from the sound of it it's not all that unreasonable.

Sure I cannot change his mind unless I change the solicitor. I appreciate my solicitor's position but unsure why he does not trust the completion certificate from council....

BJV

We are in the final stages of buying a property and I completely understand where you are coming from. Our offer was accepted on the 11th of May and we are still waiting.


It is mind numbingly soul destroying BUT!!!!!!


Our solicitor does this day in and day out. They know far better than me as to what can happen and when. I would love everything to sail through BUT I would much rather it take a little longer and get it right. After all if they made a mistake and missed something I would be devastated as well as depending upon what the problem was throw the full weight of the law at them.


It is not that there is an issue with the building it is just that we managed to agree to own the car park as well and this is tied in another title ???? Well something like this.


Also putting it another way from the solicitors perspective they want to complete and exchange asap as this is when they get paid. It is therefore not in their interests to delay, but equally they want to make sure that it is all correct.


Again I stress I completely understand and have started to count the days but we will own this building until the day I die so an extra week or two to know and have peace of mind everything is spot on.??? In the grand scheme of things it wont make a difference.

oldtaxer

BJV wrote: »

We are in the final stages of buying a property and I completely understand where you are coming from. Our offer was accepted on the 11th of May and we are still waiting.


It is mind numbingly soul destroying BUT!!!!!!


Our solicitor does this day in and day out. They know far better than me as to what can happen and when. I would love everything to sail through BUT I would much rather it take a little longer and get it right. After all if they made a mistake and missed something I would be devastated as well as depending upon what the problem was throw the full weight of the law at them.


It is not that there is an issue with the building it is just that we managed to agree to own the car park as well and this is tied in another title ???? Well something like this.


Also putting it another way from the solicitors perspective they want to complete and exchange asap as this is when they get paid. It is therefore not in their interests to delay, but equally they want to make sure that it is all correct.


Again I stress I completely understand and have started to count the days but we will own this building until the day I die so an extra week or two to know and have peace of mind everything is spot on.??? In the grand scheme of things it wont make a difference.

Thank you very much for sharing your story, BJV. I totally understand you, too. I simply worry about two things: 1) Is my solicitor too hypercritical? 2) I dont't want to !!!! off the seller and let the purchase fall through, as it is indeed sellers' market in the local area and most 'reasonable' properties are under offer in two weeks...

mrginge

have you considered ringing up your lender to tell them that their requirements are holding you up?

BJV

oldtaxer wrote: »

Thank you very much for sharing your story, BJV. I totally understand you, too. I simply worry about two things: 1) Is my solicitor too hypercritical? 2) I dont't want to !!!! off the seller and let the purchase fall through, as it is indeed sellers' market in the local area and most 'reasonable' properties are under offer in two weeks...

Speak to your seller. Our last bit of paper ??? what ever it was took 10 days. Your seller will not want to pull out now as you are so close even they must know that even if they did it would take them much longer to re-market and start the whole thing again.


I email and call out solicitors every week for an update and ask them what they are doing to speed the process up. There will be a reason that there is a delay. Honestly don't know what it is but there will be something.


Ref him working for the lender??? Well think that in this case he has not explained it properly. He is working for you absolutely but he has a duty of care ( there is a big long legal term ) but in essence his has to also guard the interests of the lender.


Well fingers crossed it goes through asap. I am still waiting for a date!!! Emailed them yesterday and told them that our builders where booked for the 1st of August so we had to be in for then so we will see!!!

bouicca21

When I was buying my flat last year, there was a problem that EA and vendor insisted was minor. They even quoted some bits of law at me, insisting my solicitor was overly pernickety when she said it was not minor at all but major. She got so worried about what they were saying that she even checked with the senior partner that she was right. Once I saw the full details of the problem I realised she was spot on. it delayed things considerably and was mega stressful, but I would have been crazy to exchange without the safeguards that she insisted on being put in place.

You are paying your solicitor for expertise. That is what you are getting.

moneyistooshorttomention

You are in a much better position to have your solicitor being careful like this than sitting there after the event thinking "Now why on earth did my solicitor/legal executive/conveyancer not ask that couple of questions? They should have done...and things would have been rather clearer from the start-off and information down in writing to prove things 'are as they are' and not as someone else would wish them to be".

Do keep on top of it - but, to me, it sounds like your solicitor is acting in your best interests.

oldtaxer

Thank you very much folks for all the replies and suggestions. I totally appreciate what you guys mean and would have to wait for the seller's documents.

lessonlearned

You are paying your solicitor to nit pick, sounds like they are doing a good job.

Hopefully it won't be long now. Rather than pester your soliciitor who is clearly on the ball, you could try hustling the EA a bit. It's up the them to "progress the sale" and keep the momentum going.

If there are missing bits of documentation then it's up to the vendor to provide them. So in this case the EA should be chasing the Vendor.

G_M

oldtaxer wrote: »

I am a FTBer and is recently close to exchange countract.

This is clearly not correct, and your frustration stems from the misunderstanding.

You will " is .. close to exchange countract" once

a) your lender is satisfied and has confirmed willingness to lend and
b) you are satisfied (having regard to all the professional advice received) and willing to commit

At present
a) lender is not satified and
b) you are ignoring advice

A common problem with property purchases is that they almost always take longer than buyers want, or expect, and issues oftem arise that buyers either don't understand, don't anticipate, or feel are insignificant.

You are not buying a TV. You are buying a property. It's more complex.