Conveyancer not following instructions

moneytorques

Im at my wits end.
Conveyancer isnt Exchanging despite being ready.
New Build purchase 90 plots already occupied, decide to do an OS2 search on day of exchange and they query a boundary change which means the Builders solicitor has had to order from the Land Registry.
All the while the Builder is re-advertising the property as its taken so long.
4 times Ive instructed the Conveyancer to Exchange and review the OS2 post Exchange, they keep saying no.
Is their anything I can do, even the Senior members wont return my calls?

Thrugelmir

Are you buying with a mortgage?

moneytorques

Thrugelmir wrote: »

Are you buying with a mortgage?

Yes and the help to buy loan.

westernpromise

Are you using a 16-year-old school leaver as a conveyancer who works out of a disused aircraft hangar in Macclesfied alongside 2,000 other conveyancers and does the whole job for £299? If so, your delay is because there is one actual qualified solicitor in the hangar supervising 2,000 teenagers, and only when s/he has checked the paperwork will the nod to exchange be given.

moneytorques

Ive been told its company Policy to do the OS2 search pre exchange yet independants say absolutely not necessary until pre completion.

The OS2 result summary =
"The plan has been amended so we will need to check there are no changes to the boundary of the property and that there are no third party interest over the same.
I'm afraid we cannot proceed until the title plan has been received"

Pumpkim

Resolving the issue is likely a requirement of your lender. The solicitor also works for them.

haras_nosirrah

to be fair to the conveyancer they are looking out for your and the lenders interests and have to make sure there is no issue before you exchange.

imagine if they go along with it as you are asking them to and then it turns out someone else owns half your garden - yet you have exchanged. would you go 'well fair cop you tried to warn me' or would you go 'I can't believe you listened to me - I now have a much smaller garden and wouldn't have exchanged had I known that - you have the legal expertise you should have insisted this was checked before exchange and now I am going to sue you'

moneytorques

haras_nosirrah wrote: »

to be fair to the conveyancer they are looking out for your and the lenders interests and have to make sure there is no issue before you exchange.

imagine if they go along with it as you are asking them to and then it turns out someone else owns half your garden - yet you have exchanged. would you go 'well fair cop you tried to warn me' or would you go 'I can't believe you listened to me - I now have a much smaller garden and wouldn't have exchanged had I known that - you have the legal expertise you should have insisted this was checked before exchange and now I am going to sue you'

The point is noted, why do all and sundry elsewhere say the OS2 is done pre Completion?
Also its been left until the day of exchange to do the search!
The Title Plan changes though are relevant to a seperate phase of the development so nothing to do with our purchase.

haras_nosirrah

surely it is better it is done before you become legally bound to buy the place.

seems a bit worrying that you could be buying a property with a different boundary and only find out AFTER you have signed the dotted line and paid 10's of thousands

TomPucci85

Which solicitor is that in Macclesfield?

moneytorques

haras_nosirrah wrote: »

surely it is better it is done before you become legally bound to buy the place.

seems a bit worrying that you could be buying a property with a different boundary and only find out AFTER you have signed the dotted line and paid 10's of thousands

Yes it is but not at the expenses of losing the property because it was last minute dot com, an oversight by the Conveyance not to have done a fortnight ago.