New Build Solicitor Advice??

R.o

They requested to exchange for which I authorised but I had no idea about the expired mortgage offer before completion.

ValiantSon

R.o wrote: »

They requested to exchange for which I authorised but I had no idea about the expired mortgage offer before completion.

Ah, that does change things a little. If you authorised exchange then your solicitor hasn't done something overtly wrong in exchanging, but you should be aware of the completion date that is written on the contract that is exchanged as this is legally binding and is set at the point of exchange. When you authorised exchange you were authorising it with a specific completion date. Your solicitor should have advised you of this, but it will be harder to prove that they didn't. Nonetheless, you could still argue that the solicitor has not acted in your best interests by exchanging a contract with a completion date that is later than the expiry of your mortgage offer.

I think you need to push this with your solicitor and seek further advice from professionals. You may have a case against the solicitor for their failure in the above regard, but you may not.

Hope you manage to get this sorted.

Dolly123

Explain to your developer that your MO runs out and they may be to help by either giving you a reduced noticed period or switching the build program a bit so that your house gets priority and is finished earlier

R.o

Thanks all, just a quick update for anyone that happens to be in the same situation in the future. I have contacted the legal ombudsmen who have confirmed this is a case they would take on and investigate. I now have to raise a complaint with the solicitors first which I will be doing shortly.