Can we Sue our Buyers Solicitors

The_Spoons

We put at our witts end with out purchasers solicitors.

He has delayed the buying of our property by almost 1 month already, he has not returned my agents calls in the past 5 weeks.

We are ready to Exchange and Complete and I know the purchaser is wanting to do the same!

Our purchasers is a young first time buyer and I feel that her solicitor is taking advantage of this.

I have given them to Monday (tomorrow) to exchange or we are pulling out of the sale!

Do we have any come back on her solicitor? I know up until 2 years ago that this as a no go. But it has been deemed that the purchasers solicitors now have a dutybof care to all parties involved.

Thank you

Tiglet2

What are you trying to sue your buyer's solicitors for? Holding up the transaction? Not sure how you can prove this because you don't know if there is anything outstanding that they need before exchange can take place.

They don't act for you and therefore you are not their client. It would be up to the buyers to make the complaint.

Your agent can sometimes smooth things along but they are not party to the legal work and therefore also won't know what else is needed before exchange.

Don't make threats unless you're prepared to see it through.

davidmcn

In short, no. How do you "know" your purchaser wants to move any faster? Do they have their funding sorted out? What reasons are being given for the delays?

Margot123

You maybe making assumptions that it is the buyer's solicitor at fault, so be very careful unless you have hard evidence.
Besides, as others have said, what would you sue for? Pecuniary loss? Again, hard evidence required.

Sadly, all this delaying and messing about is part and parcel of house buying.

I will add that on my last transaction, my agent called the buyers to ask what was happening. They told them it was my solicitor who was stalling when it fact it was they themselves as they didn't have full funding in place until 2 days before exchange. The whole thing took 7 months!

KL0001

It!!!8217;d be really difficult to prove. We!!!8217;re in a similar situation where our buyers being FTB seem to be a bit more relaxed about the purchase than we do. Hesitating before paying their solicitor so that searches can start etc etc and in the same vein their solicitor seems to put their purchase on the back burner and not proceed as quickly as our has. We were ready to exchange almost 2 weeks ago, even after delaying signing our contracts for a week before that because my husband was working away. Yet our buyers are still not ready to exchange having only just got their searches back! House buying/selling is frustrating.

But 4 weeks delay in house buying is hardly grounds for suing the other parties solicitor! How long has this all been going on? We!!!8217;re currently in week 10 and I!!!8217;m so over it all!

ACG

You do not have a contract with your buyers solicitors - so no.
Your buyer may be able to sue them, but that is for them to sort out.

steampowered

No. Your buyer's solicitor does not owe you any duty of care.

All you can do is encourage your brother to move them along.

csgohan4

remarket if you feel so strongly or wait, until you exchange you cannot claim for any loss, just as you can pull out any time without costs against the buyer