Potential completion delay - compensation for costs?

Teeks

We're due to complete on Friday and I'm seriously concerned that it won't happen on the day. It's a 3 property chain and the conveyancing solicitors have been woeful. Not just ours but all the way along the chain. From simple messages to important documents not sent/signed/checked. Seriously if I hadn't chased them through every step the process we'd still be months away from exchange let alone completion.

Today I called my mortgage lender to check they were ready but found they'd not received the certificate of title and hadn't been told about the completion date. Next call to the solicitor who says he'll get onto it. I'm far from confident based upon experiences so far.

So, if the worst happen, where do I stand on compensation for costs incurred? We'll be charged a few hundred (£600 from memory) by our movers if it's delayed until Monday. Other people in the chain will doubtless also be incurring costs.

I've checked the T&Cs for our solicitors and one of the clauses states " We will not be liable for any indirect or consequential losses". Any idea what this does/doesn't include? And any advice about how I go about making a claim?

Alter_ego

Teeks wrote: »

" We will not be liable for any indirect or consequential losses". Any idea what this does/doesn't include?

I would read it as meaning they will not be paying you anything

hazyjo

Have you exchanged? I presume not if the lender is unaware.

In which case, no, you cannot claim for anything. Nothing is guaranteed until exchange and nothing should be booked, nor should you notify people. The entire purchase can fall through still until that time.

You should have pencilled your removals in - but not confirmed.

Teeks

We exchanged on 11th August. It was meant to be 9th but delayed due to solicitor ineptitude.

G_M

If Completion is late, the party responsible is likely to have to pay the costs (ultimatel) of all the others in the chain (costs will get passed along the chain to the guilty party).

Aborted removals, loss of earnings for time taken off work, hotels (if applicable) etc etc

If Completion does not happen at all, loss of depositt paid at Exchnge plus whatever % the contract specifies.

But these things generally get pulled together in the end - most buyers/sellers panic whilst conveyancers are doing this day in day out.

Teeks

I understand all that however who actually pays in the end? If my solicitor is found to have caused the costly delay and then technically who is the guilty party? Me since it's my solicitor or does it pass along the chain to the negligent solicitor?

I understand the concept of consequential losses and am concerned I could face a big bill for them not doing their job.

I understand your point about conveyancers doing this daily but honestly mine are so inept and disorganised. Little things like sending out documents with the wrong address/vendor/buyer etc. up to serious issues such as forgetting to transfer funds which caused delays in the exchange.

davidmcn

hazyjo wrote: »

Have you exchanged? I presume not if the lender is unaware.

The lender isn't involved with exchange. And in practice they can usually release funds by return, so the fact they didn't have the certificate of title today shouldn't be concerning.

saajan_12

As far as costs passing along the chain, this concerns you/your solicitor/your other representatives as a unit. If any of that unit causes the delay, the affected buyer/seller can claim off you. It is then up to you to claim off your solicitor if the issue was indeed their fault (as opposed timelines being too tight).

It's hard to advise without a specific example, but worrying at this stage won't make a difference. If you have already exchanged, not much you can do.

MEM62

Teeks wrote: »

I understand all that however who actually pays in the end? If my solicitor is found to have caused the costly delay and then technically who is the guilty party? Me since it's my solicitor or does it pass along the chain to the negligent solicitor?

Negligent? You'll have to go some to establish that. (Although that may be one of the few circumstances that will allow you to claim consequential losses)