Solicitors and exchange?

MrsElliot

Sorry for the whinge

We are in the process of buying a new build. The developer wanted to exchange within 28 days after we paid a £500 reservation fee at the start of June. (Taking the 28 days into account we should have exchanged 09/07/2015!!) We paid our £11k deposit to our solicitor and signed all the paperwork in the first week in July 2015 and we thought we were ready to go. TWO months later we are still waiting to exchange!! In that time our original solicitor left the firm without telling us and the new solicitor went on holiday for a week and now won't answer my calls or e-mails and I am started to get phonecalls from the developer who wants to know what the delay is when its out of our hands. As a FTB this is stressing us out. Can we ask for any interest back on the £11k they appear to be holding? Is it worth changing solicitors. They were a reputable local firm but I am losing my faith in them...Am I being unreasonable?

Surrey_EA

I think I would be on the phone asking to speak to one of the senior partners and rattling a few cages. It's probably best to try and stick with this firm of solicitors and sort things out, rather than start from scratch with another firm.

mrstick

MrsElliot wrote: »

Can we ask for any interest back on the £11k they appear to be holding?

http://www.sra.org.uk/solicitors/handbook/accountsrules/part5/rule22/content.page

Maybe this is relevant?

Jon_B_2

Was the solicitor a builder recommended one?

Surrey_EA

Jon_B wrote: »

Was the solicitor a builder recommended one?

If they were it doesn't sound like the builder will be too thrilled with their performance.

Thrugelmir

MrsElliot wrote: »

They were a reputable local firm but I am losing my faith in them...Am I being unreasonable?

These things happen. Taking on other peoples work is never easy. I doubt you are the only problem case on the new solicitors list. Answering calls isn't productive either

Ring and ask to speak to a senior partner. Ask for time scales in particular.

eddddy

When you speak to the solicitor, try to get a clear understanding of where you are in the process - what has been done, what needs to be done, and what the solicitor is waiting on at the moment.

(You might even find that it's the developer's solicitor that's causing the delay, by not replying/providing info.)

Then tell the developer the info you have found out. They will be reassured if you can give a precise update, and you give the impression that you are on top of the situation.

Richard_Webster

When you phone the solicitors make a note of the date and time and who you speak to so that if nothing happens you can write a letter saying exactly when you phoned and who you spoke to and that you have had no response,

You may have to put it in wirting that you want to know why you have not exchanged and you want detail sof the firm's compaints procedure that you canfollow up if you do not get an early reply explaining the position.

MrsElliot

Thank you for your replies, you all made me feel a little better about the situation. Just wished solicitors were a bit more forthcoming with information

We didn't go with the developers recommended Solicitor due to a potential conflict of interest. After calling this morning someone finally explained it was something to do with our side wanting the contract being conditionally subject to build completion and mortgage offer expiry dates. e.g. if build completion was delayed until after our mortgage offer expired and we couldn't get a mortgage we would not be liable for the house with no funds in place. The Developers Solicitor apparently dragging it out. I am however now writing down when/who/why I am calling them. Housebuying in the UK is such a FAFF grrr!

agrinnall

MrsElliot wrote: »

Housebuying in [STRIKE]the UK[/STRIKE] England is such a FAFF grrr!

Minor correction, as it's a lot less of a faff in Scotland (I've just moved from Scotland to England so I feel your pain). The degree of faff may be the same in Wales and NI but I have no experience in either of those places.

libf

MrsElliot wrote: »

Sorry for the whinge

We are in the process of buying a new build. The developer wanted to exchange within 28 days after we paid a £500 reservation fee at the start of June. (Taking the 28 days into account we should have exchanged 09/07/2015!!) We paid our £11k deposit to our solicitor and signed all the paperwork in the first week in July 2015 and we thought we were ready to go. TWO months later we are still waiting to exchange!! In that time our original solicitor left the firm without telling us and the new solicitor went on holiday for a week and now won't answer my calls or e-mails and I am started to get phonecalls from the developer who wants to know what the delay is when its out of our hands. As a FTB this is stressing us out. Can we ask for any interest back on the £11k they appear to be holding? Is it worth changing solicitors. They were a reputable local firm but I am losing my faith in them...Am I being unreasonable?

Can't really add much but just wanted to sympathise. I also reserved a new build in June and have yet to exchange. In my case every time I contact my solicitor they are still waiting for replies to enquires from the builders solicitor... (And don't even get me started on the solicitors dealing with my sale. About to write and post a letter of complaint because both times I've emailed the complaint it's been ignored.)