Pulling out of Purchase

Shanti0912

In August I put in an offer on a 3 bed semi-detached house on an estate built in 2010/ 2011, this was accepted.

Last week I finally received the searches and report on title I have been asking for these since August.

It appears the main road in the estate is unadopted although indemnified for maintenance by the developer and there is only one road onto the estate which has 1 hour queues in rush hour. The community hall, cafe and a couple of shops which were to make the heart of the community have not been built. There are also a few quite restrictive covenants on the property.

The estate agent told me that a cafe, shops and community hall were being built and a M&S food hall nearby. They also didn't mention the main road being unadopted which they must have known about since all of this has been in discussion since 2011.

I now want to pull out of the purchase, I realise I will have to pay disbursements but don't want to pay the conveyancers fees as they've dragged their heels (a secretary admitted the file had sat on a desk for nearly five weeks before someone submitted the searches). Does anyone know - can I only pay the disbursements and not the time recording fees?

libf

You need to put in a complaint about the fees you don't want to pay and ask to have them removed from your account. Ask for a copy of the firms complaint procedure to see who you need to address your complaint to and the timescales for dealing with it.

Although to be honest what you've described does not sound like an unusual experience.

Shanti0912

Thanks libf - I now realise this isn't unusual but I have never received a reply to any phonecall, email or letters I've written and my questions remain unanswered.

I'm writing a letter of complaint which a secretary said I should send to one of the partners, I'll also looka at their official compalints procedure.

The thing I want to do today is pull out of this purchase.

libf

You can do that before the complaint is filed. Just tell the agent.

I recently complained about my conveyancing experience, and got a not unsubstantial amount knocked off my bill, but it took right up until 2 days before the 8 week time-frame for taking the complaint to the ombudsman before anything was done about it. I sent emails twice and then posted a letter with proof of posting when the emails were both ignored.

Shanti0912

I'm glad you got somewhere and were compensated.

I worked in law fims in London until the late 2000's as a secretary we would always respond to a client and usually called or emailed them straight back. This level of service leaves me dumbfounded!

Shahni

You put the offer in in August, and have been "asking for the searches and report on title since August"? They don't just materialise, you know.

Searches take a little while to come back (often a little longer if its a new development), enquiries need to be raised and answered, mortgage offers need to be dealt with, if you are getting one.

I'm not defending them completely, they should definitely return your calls etc and August to October is quite a while, but make sure you are reasonable with your expectations. This was never going to be completed in August.

Shanti0912

They didn't submit the searches until 18 September, the LA search on 21 September the Directors secretary called me to tell me this as she was doing this. The LA search took approx 8 days. As I've sold my property I am a cash buyer so no mortgage offer to be dealt with. The other two parties in the chain had their mortgage offers. It should all have been fairly straight forward.

I realise we were never going to exchange and complete in August or September but I did, and so did the sellers,hope to complete by mid-October. Everyone in the chain has been waiting on my solicitors.

davidmcn

Shanti0912 wrote: »

there is only one road onto the estate which has 1 hour queues in rush hour. The community hall, cafe and a couple of shops which were to make the heart of the community have not been built.

I'm not sure of the relevance of these points - surely all this was apparent to you when you put in your offer?

[Deleted User]

Shanti0912 wrote: »

They didn't submit the searches until 18 September, the LA search on 21 September the Directors secretary called me to tell me this as she was doing this.

My solicitor had a 14 day 'cooling off' period in the T&Cs whereby they wouldn't start any work in the first 2 weeks unless we explicitly told them otherwise (and signed paperwork to say that). Are you sure your solicitor didn't have this?

Shanti0912

The community hall, cafe and shops were due to be built this year but it looks from the planning applications that nothing is planned. I was told that applications had been put in for a second road to be made from a smaller road at the other side of the estate, this too isn't going to happen.

It isn't simply these points that have made me think again, there are covenants on the freehold property which are restrictive and non-standard and a couple of points on the title that cause concern.

TBeckett100

a lot is sold to new build buyers, shops etc etc. The reality is, one the houses are sold, they prefer to limit future expense.