Solicitors dragging purchase out?

catkins

We are buying a house with cash. We have no property to sell and the house we are buying is empty (owner died).

We instructed some local solicitors at the beginning of March and thought it should be a fairly quick process.

We have not yet exchanged contracts and have no date for completion. We signed our contract at the end of April and transferred the deposit monies to our solicitor then.

The solicitors cannot seem to give any valid reason for the delay and we feel they are just dragging it to try and justify their fee (£1,400).

What do others think about it and are we justified in letting the solicitors know we are not at all happy?

Surrey_EA

That does seem a little on the slow side.

Do you have any idea why your solicitors have not exchanged contracts with the other side yet? What has been their response when you have asked?

Presumably the property you are buying is an executor sale, being sold as part of a deceased estate? If so, do the executors have grant of probate yet enabling them to sell the property?

Maybe it's time for a strongly worded email to your solicitor, perhaps copying in one of the senior partners, expressing your displeasure at the length of time the process has taken, and asking for a detailed reason(s) what is preventing an exchange of contracts.

lika_86

Why would they be trying to justify their fee? If it's a fixed fee then you've agreed to pay it. Better for them to come under it if anything.


Have you requested searches? If so then they often take weeks to come back.


Yes, feel free to ask them why it's taking so long, but don't complain about being unhappy until you understand the reason why.

eddddy

As lika says, it may be better to find out the reason for the delay before complaining. Are you sure that your solicitors are at fault?

If the owner of the house died, it may be a probate sale - which may take a long time.

As an example, this website has a bit of info about probate sales: https://www.samconveyancing.co.uk/news/probate/probate-sale-top-tips-for-buyers-and-sellers-3771
(Scroll down to 'Grant of Probate','For the buyer')

Maybe ask the EA to contact the sellers to see what their side of the story is.

steampowered

I don't understand why you think that dragging things out would make any difference to their fee. Your claim does not make sense.

It is definitely worth contacting your solicitor/conveyancer to let them know you aren't happy.

You should also bear in mind that the delay might not be your conveyancer's fault. It may be worth pushing them to get to the bottom of why things are being held up.

catkins

No we are not having searches. We have said we would like to have an idea of a completion date as the house is a good distance from where we are living now and we need to make arrangements regarding work and our dogs as we want to go there to make a start on things like stripping wallpaper etc.

We did ask a while ago what the hold up was but they never really answered that

catkins

We have spoken to the Estate Agent who, in turn, has spoken to the vendor. They tell us the delay is with our solicitor. The vendor's solicitor is ready to exchange.

I have sent an email to our solicitor just asking what the hold up is and if she can give a likely date for exchange.

I am not impressed with them. With no chain at all, no mortgage to obtain and no searches surely there is no reason this has dragged on?

saajan_12

Simply ask the solicitors for a list of what queries / docs are outstanding before you can exchange.
- Has probate been granted?
- Have all the searches come back?
- Have you replied to all questions/emails?
- Have contracts been signed?

sparky130a

A solicitor gains nothing by delaying.

Probate granted? If not, there's your problem....

Surrey_EA

How local are you to the firm of solicitors you are using?

Is it worth making an appointment to sit down with your solicitor and go through everything to establish exactly where you're at?

phillw

sparky130a wrote: »

A solicitor gains nothing by delaying.

They may have taken a cheeky holiday without saying. They might have taken on too much work and decided that you're at the bottom of the heap. They may not like you. They may not directly benefit financially, but they may benefit in some way.

Of course the vendor or estate agent may be lying. If the will is being contested then they'll say anything to keep you on the hook. A friend recently bought a no chain house when the occupant moved into a care home, but because the house was in a trust (no doubt to avoid care home fees) then the sale needed agreement from all of the trustees. It took months before the vendor/estate agent admitted that.