Solicitor nightmare

Surrey_EA

itsfabhere wrote: »

One of those situations where I didn't have a choice, had to exchange and complete on the same day at the advice of my solicitor, don't solicitors know best?

I would be interested to know why your solicitor insisted upon this, it is relatively unusual for sales that are part of a chain.

itsfabhere wrote: »

My question was 'why did the solicitor leave it until the day of completion to realise there were no funds from the cash buyer? Does the solicitor not usually request that the funds be transferred at least a day before so that all is ready to complete?

Any decent solicitor would have wanted the money in their account at least the day before completion. However, unfortunately there are many solicitors that do not reach a level of service that can be described as decent.

eddddy

itsfabhere wrote: »

One of those situations where I didn't have a choice, had to exchange and complete on the same day at the advice of my solicitor, don't solicitors know best?

In what sense did you have no choice?

Are you sure that your solicitor's advice wasn't that... if you want to exchange and complete on the same day, he/she was able to do that for you?

itsfabhere

To your response.... Any decent solicitor would have wanted the money in their account at least the day before completion. However, unfortunately there are many solicitors that do not reach a level of service that can be described as decent.

'Professional negligence is a breach of the duty of care between professionals and their clients. The duty of care is a common law arrangement where the client expects a level of professionalism and standards commonly held by those in the profession.'

G_M

itsfabhere wrote: »

One of those situations where I didn't have a choice, had to exchange and complete on the same day at the advice of my solicitor, don't solicitors know best? My question was 'why did the solicitor leave it until the day of completion to realise there were no funds from the cash buyer? Does the solicitor not usually request that the funds be transferred at least a day before so that all is ready to complete?

* Solicitor requested funds 2, 3, 4 days before Exchange/Completion
* day before Exchange/Completion, solicitor called client: "Where's the funds"
* Client replies: "On the way."

What do you expect the solicitor to do? He imagines the funds will arrive next day.

itsfabhere

At the beginning, we all agreed a date of completion to work towards. The date was confirmed to me 2 days before the agreed date. I was told that paperwork had not been submitted quick enough to exchange contracts before completion. Therefore I was told that all solicitors had agreed to exchange and complete the same day. I was never asked if this was agreeable....!! I was told this was the case.

Jenniefour

itsfabhere wrote: »

One of those situations where I didn't have a choice, had to exchange and complete on the same day at the advice of my solicitor, don't solicitors know best?

Unless the solicitor had a gun to your head, you did have a choice. I can't think of any reason why a solicitor would advise exchanging and completing on the same day either. It's more likely that your solicitor relayed the request to you and you agreed. You could have said no.

It's perfectly normal to have a possible completion date and then things take longer - then everyone agrees another completion date. Happens a lot.

davidmcn

itsfabhere wrote: »

To your response.... Any decent solicitor would have wanted the money in their account at least the day before completion. However, unfortunately there are many solicitors that do not reach a level of service that can be described as decent.

'Professional negligence is a breach of the duty of care between professionals and their clients. The duty of care is a common law arrangement where the client expects a level of professionalism and standards commonly held by those in the profession.'

Solicitors can't control when or whether their clients transfer money to them. And whatever advice/discussion took place between the solicitor/client two steps away from you isn't something you have a right to complain about anyway. Solicitors don't enjoy having their time wasted either, they'll just want the transaction completed with the minimum of fuss.

G_M

Presumably the OP had earlier instructed his solicitor that he wanted that date for Completion, so hs solictor was doing all he could to meet the preferred Comletion date!

itsfabhere

Thanks for all your comments. My question was wouldn't the solicitor usually request the funds at least a day before exchange/completion? Now I understand that the answer is NO. I am the one at fault for expecting too much.
Good job I have a new buyer and due to complete in 3 weeks. I certainly will NOT allow exchange and completion in the same day.
Thanks everyone!

Jenniefour

itsfabhere wrote: »

Thanks for all your comments. My question was wouldn't the solicitor usually request the funds at least a day before exchange/completion?

They probably did, but what can they do about it if the clients doesn't come up with the funds on time, and everyone is determined to stick with the original completion date? Not a lot. It's a bit of a disaster waiting to happen.

All the best with your new buyer/onward move.