Help - Vendor suing us after delayed completion!

Spidernick

Does anyone else think that solicitors aren't anywhere as near as you'd expect them to be when it comes to conveyancing? It does seem to be what they do if they cannot do anything else.

This example doesn't surprise me, as in about half of the times I've bought and sold property my solicitor has cocked up in some way and it doesn't seem to be unusual. It's very poor!

zagubov

Spidernick wrote: »

Does anyone else think that solicitors aren't anywhere as near as you'd expect them to be when it comes to conveyancing? It does seem to be what they do if they cannot do anything else.

This example doesn't surprise me, as in about half of the times I've bought and sold property my solicitor has cocked up in some way and it doesn't seem to be unusual. It's very poor!

On at least one other thread somebody's pointed out that they're in limbo because their solicitor's swanned off on a holiday during the sale. Seem to have come across quite a lot of that on the forum and even in RL.:o

hazyjo

zagubov wrote: »

On at least one other thread somebody's pointed out that they're in limbo because their solicitor's swanned off on a holiday during the sale. Seem to have come across quite a lot of that on the forum and even in RL.:o

Shouldn't solicitors go on holiday ? They deal with tens of transactions at any one time, not just one at a time. Obviously someone will be affected by them going away. Someone is usually appointed to deal with your case in their absence. Granted, they should let their clients know if that's the case, especially with an exchange or completion imminent.

TR1

steampowered wrote: »

What is the vendor actually claiming for?
Has the vendor actually served proceedings or did you just receive a letter before action?

I should have mentioned that the Vendors are a bloody nightmare. They're claiming £4000+ for compensation, hotel, food, clothes, removal etc. for the four days that it took them to re-book their removals who drove back to Kent from Yorkshire after failed completion. I do understand how incredibly frustrating it is for them - but £4000+ is excessive.
They somehow got my mobile no. from the EA (evidently terrible) and so called me yesterday to inform of proceedings as advised by their solicitor.

keith969 wrote: »

Did they have to return?

No, they stayed in Yorkshire and so claimed for hotel for 4 nights

GrumpyDil wrote: »

as this was such a short delay hopefully any costs will in reality be minimal!

Their expense claim is excessive.

davidmcn wrote: »

Told by whom? Sounds like it would have been less hassle/cost for everyone if you had just stayed where you were!

We were told by the Vendors EA who had mistakenly given us the keys. It would have been much easier for every to move in with an undertaking - but our Vendors (who I mentioned were a nightmare) refused to do this.

stator wrote: »

Yes the vendor can sue you for their losses. You will have to sue your buyer for the losses. He will have to sue his solicitor for his losses.
Or hopefully, after everyone has quantified their loses, the solicitors will settle the matter out of court.

This is what I had hoped for - but it's been a month now and our buyers solicitor (the one who made the mistake) hasn't responded to any emails/calls from our solicitor or the vendors solicitor

Fosterdog wrote: »

Unless it was OPs solicitor who provided the incorrect details for the transfer in which case it would be OPs solicitor who is liable and not their buyers.

Our solicitor checked and confirmed that he had provided correct details. Apparently, our buyers solicitor mixed up the sort code with another one. Thankfully the money didn't go in to another (someone elses) account as I'm sure this would have messed up the sale completely

Our trouble now is that we don't have £4000+ to pay our vendors, even if we can recoup it from our buyers!

AnotherJoe

TR1 wrote: »

Our trouble now is that we don't have £4000+ to pay our vendors, even if we can recoup it from our buyers!

Dont pay them until you've been paid.

Ask to see invoices for their rearranged removals and bank statements showing they paid this.

If they did, well thats the cost. (you want to make sure its rock solid in case your buyers challenge you)

Pass that claim onto your buyers, along with your costs.
Once you've been reimbursed, then pay your vendors.

PasturesNew

This is the way it happens - as others have explained.

Just add their bill to your other costs and then sue your buyers - they will sue their solicitors.

Just let people know that you're aware of how things work and you've put your claim in down the chain and let them know that, ultimately, it's out of your court now ... and everybody will get their money as soon as.

Just so they know that you're not "to blame" and you're not "in denial".

Then sit back and wait for it to do the rounds.

TR1

Thanks for replies, everyone. More help than my solicitor!

snickpan

Blimey, I bet this isn't the first time they've made a claim. I bet they're used to the old "we had to get a hotel, and buy 4 complete sets of clothes, 3 square meals a day times 4" etc.

£4000 my !!!!.

TR1

snickpan wrote: »

Blimey, I bet this isn't the first time they've made a claim. I bet they're used to the old "we had to get a hotel, and buy 4 complete sets of clothes, 3 square meals a day times 4" etc.
£4000 my !!!!.

My thoughts exactly! We haven't seen their invoices yet to see exactly what they've spent/spent it on, but sounds like they had a pretty good weekend by all standards.

parkrunner

snickpan wrote: »

Blimey, I bet this isn't the first time they've made a claim. I bet they're used to the old "we had to get a hotel, and buy 4 complete sets of clothes, 3 square meals a day times 4" etc.

£4000 my !!!!.

That includes another journey from Kent to Yorkshire and back for the removal company. That won't be cheap.