The NEW waiting to exchange thread...

dunroving

FloProActiv wrote: »

At what point can I relax?
I know the answer is really not until I've got the keys <<snip>>...

I think after exchange is the answer, although in an infinitesimal number of cases, things can fall through even after that.

I certainly would avoid doing anything rash until after exchange.

Hansaro

Can I join?
I am so stressed...I have appointed solicitors via a company that acts like a broker. Paid 90 quid and they passed my details to a firm in Wales. All good, mixed reviews, cheapest price.

This was in February. Buying SO - new built, with mortgage. Timeline contains, me sending the welcome pack via e-mail because the welcome pack was delayed by post for some reason.
After that, receiving MOS and forwarding that to solictior
Receiving mortgage offer which has also been sent to solictors but they kept on saying that they didn't receive it. Kept receiving status updates for my case but the status of the mortgage offer was still "waiting for". Tried to contact the appointed solicitor and couldn't but a colleague confirmed over the phone they have received the offer.
I have shared the contact details of my solicitor with the vendor and also provided the vendors solicitor details etc, thinking that the communication channel is complete.
But the solictor appointed to my case was hard to get hold off, from my experience. Even the mortgage broker has tried contacting her but no answer...

The housing association and the council pushed back and back because they could not finalize the head lease therefore there was no finished contract.
Same status updates kept coming from my solicitor but the status wasn't accurate, still showing as of waiting for the mortgage offer.

Then the updates stopped from my solicitor side.

The developer has been very good to send fortnightly updates, and although delayed, I could get a sense that they are trying their best. They had a meeting with the council and were back on track and so to speed the things up (this is at the end of April) their solicitors have shared files via an online portal to all buyers solicitors so that they can prepare documents before the exchange.

I tried contacting the person dealing with my case to check if she has received the news and documents... but no answer... not even at Reception.. something was not right.
Alarm bells all over...I am hitting myself for not going with the London firm...
So, i am sending an email CC-ing the complaints email as well as the company that has found me this company and I get a reply today... the thing is: I don't know what to take from it. It reads:

''Apologies you haven't been able to get through to (the solicitor), unfortunately she is unwell and in hospital at the moment.

Regards the purchase of ........ we were advised this matter was no longer proceeding as we hadn't heard from the Sellers Solicitor nor received your welcome pack. Please can you confirm this isn't the case and we will arrange for a new file to be opened up without further delay...''

Now, this clearly looks like a case of me being passed on to a different team without much care or handover. Is this my get out jail card or should I explain everything to this new team and start from scratch hoping for better?. If I chose to not work with these solicitors any longer will I be charged for anything?

I have searched my mailbox again to see if I missed something and spotted an email from this second team (the assistant of the person that sent me this email above) somewhere at the end of April saying that they have been told by the sellers solicitors that they will get back to them in due course with regards to sending the contract. And then she was wondering why they did not send them yet asking me if I was in contact with the sellers. I was thinking they are being informed or at least that they are chasing the other solicitors if they had questions.
Today I called the solicitors from London asking them for advice if I could switch to them and it was clear that they were more clued up, they knew the situation, the status of the negotiation for the head lease and paperwork but they have told me to find out what exactly the solicitor meant when she said it is ''no longer proceeding''

I am worrying if I should reply to that e-mail. It is so frustrating to explain myself and to counter that.
What should I do?

CHlHlRO

dunroving wrote: »

You could try prayer.

Well that confirms my hunch that the answer to my question is “sweet fa” :j

FloProActiv

So after several weeks of no progress, the whole thing has suddenly gone into turbo mode of the last week, and we're exchanging this afternoon :eek:

dunroving

dunroving wrote: »

Background: Cash buyer, no chain, but property to sell. Selling in Scotland, buying in England. House I am purchasing is from estate of deceased couple who purchased it leasehold in 1963 and bought freehold in 1997. My buyer is a professional with no chain and an AIP mortgage approval [information all learned during the sale/purchase process] Throughout the process, I have been in regular contact with the seller's estate agent, who has been helpful in chasing things up, especially regarding intransigence of the seller's solicitor (see notes!).

02-03-2018 BUY: Viewed house (England) and made offer of £10k over asking same day
03-03-2018 BUY: Offer accepted by seller (I later found that 4 offers had been received, and mine was second highest)
05-03-2018 BUY: Engaged solicitor for house purchase
06-03-2018 BUY: Client care pack received from solicitors and returned same day (evidence of ID, funding sources for purchase, etc.)
10-03-2018 BUY: Full survey conducted
13-03-2018 SELL: Own house put on market (Scotland), having had Home Report survey completed
20-03-2018 BUY: Contract papers received by my solicitor from seller's solicitor
20-03-2018 BUY: Gas safety inspection conducted
23-03-2018 BUY: Contract pack received from my solicitor; later noticed freehold title contained a note of a pre-existing leasehold title belonging to seller
26-03-2018 BUY: Electrical survey conducted
27-03-2018 BUY: Contacted my solicitor that the registered freehold title included a note of a leasehold title, but no leasehold title included in contract pack. Other than this, no major issues with contract pack. Mailed signed forms same day.
06-04-2018 BUY: Replies to queries received from seller's solicitor. No response received regarding query about the mentioned lease. This was reverted back to the seller's solicitor.
13-04-2018 BUY: Contacted by seller's estate agent, who had been emailed by seller's solicitor that he did not see the need to cancel the lease, "as it was referred to on many occasions within the freehold"; [this was followed by multiple sporadic communications between solicitors, with seller's solicitor being very reluctant to cancel the lease. Finally, we responded to say that if he did not want to cancel the lease, then he should register it, and sell it with the freehold, but that ignoring it was not an option]
17-04-2018 BUY: Contacted by seller's estate agent to say she had heard from seller that he had contacted solicitor to say he/we need the lease cancelled.
20-04-2018 BUY: Asked my solicitor to confirm that seller's solicitor was treating cancellation of lease as a matter of priority.
25-04-2018 BUY: Contacted by seller's estate agent to say she had heard from seller!!!8217;s solicitor that cancelling the lease "may cause more trouble than it solves ... the conveyance refers to various rights, exceptions and reservations and covenants contained in the Lease and if the Lease is cancelled then the Freehold title and conveyance become meaningless. As we understand it this is the way that the Council have dealt with sales of these properties over the years and we do not wish to end up sabotaging our title to find that the buyers solicitors have changed their minds."
24-04-2018 SELL: Received offer from a buyer who came for a second viewing two days earlier. Handed over to estate agent (Yopa) to conduct negotiations.
26-04-2018 SELL: Final sale price agreed with buyer, memorandum of sale completed and house marked as Sold STC. Solicitor engaged to deal with conveyancing (same person who acted for me as buyer when I bought the house).
26-04-2018 BUY: Spoke with my solicitor, who said she had arranged to speak with seller's solicitor on the Monday (30-04-2018) to request that if he was unwilling to cancel the lease, please register it and include it in the sale with the freehold.
27-04-2018 BUY: Contacted by my solicitor to say seller's solicitor had been in touch to say he had begun the application to cancel the lease. Aaargh! Only a month since we queried this and requested cancellation! Have been in touch with my solicitor and seller's estate agent to please confirm seller's solicitor is treating as a matter of URGENCY, and has requested expedited processing by Land Registry.

So at this point, my supposedly simple purchase is being held up while the seller's solicitor is applying to Land Registry to cancel the lease so that the freehold title is clean. Just an example of how a transaction that in theory couldn't have been simpler can be held up by an arrogant, lazy solicitor. I'm tempted to say "unethical" also, because I am pretty sure he deliberately tried to fudge the situation in the hope that I wouldn't notice/wouldn't care that the house has an existing (albeit unregistered) leasehold noted on the freehold title. Luckily, I, the vendor, and the seller's estate agent are reasonable people who seem motivated to ensure this transaction completes. Because of course in England, until contracts are exchanged, anything can happen. I feel quite lucky in comparison to some people, that my delay will end up being only 6-8 weeks and that I will "only" have to postpone a planned holiday.

27-04-2018 BUY: After hearing nothing from seller's solicitor (apparently he isn't replying to anyone, including the seller!) I chased up with Land Registry and found the title cancellation was processed two days earlier. Informed my solicitor and she is trying to exchange today, with a closing date of 21-05-2018. Sale of my own house ticking along, but issue with building consents has arisen (see separate thread about Letter of Comfort).

warnerr88

Is it just me or does anybody else have difficulty getting through to solicitor on Thursday/Friday...been chasing an update past couple of days but just not managed to get a response (normally get in contact straight away) so frustrating

FloProActiv

And we've exchanged.

Blinking hell, it doesn't half speed up when you get to the end :eek: Completion next Friday

lena_halo

Oooohh congratulations!! I!!!8217;m so jealous Enjoy!!

warnerr88

So we were waiting on the sellers solicitor to answer enquiries with the indemnity policy on boiler being the last one (as far as we know)...had difficulty getting hold of the solicitors past couple of today’s but today we have had a letter off the solicitor to arrange an appointment “with the view of perusing documentation and signing of the necessary documents”. Also gotta bring in my ID and utility bill.....does that mean we are nearly there??

Take it this will be to also try to agree moving in date and also exchange?:eek:

lena_halo

Solicitors have our mortgage offer and have sent us the mortgage deed to sign. Can!!!8217;t wait to see the document on Monday, so exciting We are at second enquiries with the purchase and enquiries with the sale so hopefully won!!!8217;t be too much longer until exchange *crosses fingers*