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What MUST be in contract before exchange - advice please!

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Comments

  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    If you don't want to pay, then don't get the report done. Get the questions and answers and review them yourself. Then use the solicitor's time to ask about anything that worries you, as it'll be FAR quicker to answer a question on the phone than type it into a report.
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    nightsong wrote: »
    I also know that the vendor is close to pulling out due to frustration,

    Or a nerve has been touched. Never forget that a solicitor works for their client. Not themselves.
  • eddddy
    eddddy Posts: 18,381 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    nightsong wrote: »
    e.g. they keep asking if there is a guarantee on a replacement window (who cares?).
    nightsong wrote: »
    I don't think the vendor is hiding anything - I think he is thick...

    It depends what you mean by "thick".

    Do you mean "thick" in the sense that...
    • He didn't realise he needed the Freeholder's consent to install a new window? So when the freeholder finds out, your son has to:
    • Pay for retrospective consent (£hundreds), or
    • Replace the window because the freeholder says it's unsuitable (many £hundreds)

    Or "thick" in the sense that...
    • He got a bloke from the pub to install the window?
    • The lintel he used was inadequate (or non existent). The brickwork above the window cracks and drops.
    • So your son has to pay thousands of pounds for building repairs.

    Those are just two examples (out of dozens) why solicitors make pre-contract enquiries.
  • As you don't have a mortgage company your son can tell your solicitor to do whatever he wants. "I am happy to take the risk, please proceed".

    However, it sounds as though you (and/or your son) have no idea what the risks are, so this approach would be ill-advised.
    nightsong wrote: »
    they keep asking if there is a guarantee on a replacement window (who cares?)
    Your son might. As pointed out by eddddy below, lack of guarantee could cost him a lot of money. It might not, of course, but it depends.

    Sounds like the vendor just wants to get rid of it and doesn't want to have to bother with your questions. That's their own fault. They will have these queries with every buyer (you may wish to point that out to them), cash or otherwise, and so it is in their interests to sort them out now.
  • Thank again all. Yes, we have pointed out to the vendor (via the estate agent) that they will have these questions to deal with regardless ... although if they get a buyer's solicitor as bad as their own of course, that might not be true ...

    We will spend the weekend going through all the paperwork - I think we have copies of all correspondence - and take it from there.

    As usual, this site is a treasure trove of useful and well informed opinion. Thank you all!
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