Problem buying our first home... Advice needed.

abillybob94

Hi Guys

Sorry to bring up this old thread again. Unfortunately we still haven't received any reply from the Vendors Solicitors regarding the enquiries that are listed above. I have been pushing the EA almost every day to tell their solicitors to hurry up but still to no avail. It's getting tiresome and their solicitors seem to be avoiding phone calls, always coming up with excuses whenever our solicitor or the EA rings them.

Everything just gone to a stand still and nothing is moving as a result of this. We where hoping to be moved in by 15th August as I work in a school and have a few days off until the 19th but then I'm back to work again until Christmas so will be a pain. Is there anything else we can do to try and make the vendors get off their bums and deal with these enquires? I though about calling them myself although I'm not sure if we're supposed to do this!?

It's so frustrating. We have thought about threatening to pull out as we go on holiday next week for a week and if it's still not been done by then threaten to pull out to panic them into action a bit?

Quite annoyed at the whole situation. Hoping one of you guys can shed some light on things.

abillybob94

Bumpty bump

Davesnave

If you have the vendor's phone number, it's fair to contact them over the matter of the delay, but use it to express your concerns, don't threaten to pull out.

You may gain more insight this way. When we were buying our present property, concerns we had over the seemingly unhelpful and aggressive stance of the vendor's solicitors were dispelled to a certain extent by a single call.

Just don't take as gospel everything a vendor tells you re the easements; only the legal proof will suffice.

The other way to put pressure on a vendor is to ask for details of other properties from their agent. Let it be known that you are actively keeping pace with the market in case this one goes paridae-up. The agents won't want to lose the sale.

abillybob94

Thanks all you've been so helpful. Unfortunately we don't have the vendors phone number and apparently he's very poorly with Asbestos Lung so it's difficult to even get hold of him through means like estate agents.

We have finally now got a response after the EA has been chasing every day and made a formal complaint although we're really panicking, what do you guys make of this? (Names etc... have been changed)

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Vendors Solicitor Email

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Dear Sirs

Further to this matter, firstly we apologise for the delay in responding to you our client is currently unwell and we only managed to see him at home on Wednesday afternoon in order to discuss this matter in full

Secondly, responding to the points of your email dated 19th July 2016, utilising your numeration, we respond as follows:-

1. The Plan annexed to the Contract is a marked Land Registry Map Search Plan (Scale 1:625). We do not have another plan but we will enquire with Nock Deighton’s to see if they have a site plan that you prefer.
Our client has however amended the Right of Way on the plan so a revised plan is attached for your information.

2. See amended TP1 as attached (in PDF and Word Format in case you wish to make any further changes)

3. The property is connected the mains water, electric and the treatment plant. There is no Gas to this site. The treatment plant is owned jointly between the freeholder and each of the properties. Our clients intention is for a management company to be created in the near future in and for which all of the properties have an equal share.

4. See amended plan attached.

5. The property is subject to a treatment plant which serves all of the properties.

6. As attached. Please note that our client states that the land to be transferred to your client is Part of title number *NumberHere* & all of *NumberHere*.
*NumberHere* is now added to the Contract and TP1 (revised copies attached)

Also our client confirms that this planning permission *Numberhere* does not specifically relate to the property being sold to your clients.

We now look forward to hearing from you further in due course.

Yours faithfully

Vendors Solicitor

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Our Solicitors Response

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Dear Sirs,

Thank you for your email.

We would make the following observations:

1. Now that title number *NumberHere* is included we believe that the Land Registry will require the matter to be dealt with by means of 2 transfers, a TR1 for *NumberHere* and a TP1 for the part of *NumberHere*.

2. We believe the plan will not be adequate and refer you to Land Registry Practice Guide 40 on the preparation of plans.

3. Clause 12.1.2 of the draft transfer needs to also refer to the rights granted and reserved in title number *NumberHere*.

4. The transfer does still not grant any rights to use services.

5. We note what you say with regard to the septic tank. Where is it please, by reference to a plan? You say it is owned by the seller and the owners of the various properties. What is the basis for saying this?

6. We also note that your client is proposing to set up a management company. What will this company be responsible for? What is the mechanism for requiring the various owners to become shareholders and/or directors?

7. Have any other barns on the development been sold? If they have, presumably there are suitable obligations on the owners f those properties to become members/directors of the management company?

8. There are no obligations to contribute to maintenance of the sewage treatment plant. Again, we require confirmation that there are obligations in this regard imposed on other owners on the development?

9. The definition of “Retained Land” still refers to title number *NumberHere*.

10. Please confirm that transfers to other owners on the development have been made subject to rights to use any services which pass beneath their properties.


We would ask you to look at this again.

Yours faithfully,

abillybob's Solicitors

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Our Solicitor then sent me this which is why we're getting very concerned my fiance has been very upset about the whole thing now:

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Dear abillybob,

Please see below. The way I am thinking at the moment is that the whole development has been set up incorrectly. If any other of the barns have been sold I am worried that they won’t have been set up correctly to make things work from a legal point of view which means I won’t be able to sign this off for mortgage purposes. It really is a total mess.

I will keep you posted.

Kind regards,

Solicitor

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Can anyone help and put our mind at ease or point out any problems that we aren't understanding? Thanks all

TonyMMM

It means what your solicitor says - someone has developed properties, done the building work but failed to put in place the proper legal stuff to split the site up..... so that all needs to be sorted before your purchase can go ahead.

Sounds like your solicitor is doing a good job protecting your interests.

Davesnave

Oh dear, but maybe you've had a lucky escape.

I only know about the potential down-sides of barn conversions because I have 14 of them quite close to my property, and the legal aspects of life in that complex are a shambles. Things were not properly drafted or thought-through.

This feeds into the social aspect of living there, with frequent disagreements and people not on speaking terms. Selling them has become difficult, thanks to the reputation the place now has. Indeed I've just seen one of the properties come back to the market today, having been 'under offer' for months.

I'm not dissing all barn conversions, but I agree, your solicitor is doing right by you and your lender. No matter how appealing a property is, unclear title documents are just not acceptable at any price.