Vendor solicitor won't answer the last remaining enquiries

tiny_jackal

Hi All,

I've been in the process of buying a probate flat since February (!!). The vendor solicitor seems extremely slow in answering the enquiries. We are down now to two enquiries left from about ten initially raised.
They are not very complex issues: one is a certificate of compliance, the other a retention my solicitor is asking as we couldn't have very precise details about major works that have been dragging since last years.
My mortgage offer expires in exactly four weeks and since the rates have been raised there's no point in asking for an extension.

I call my own solicitor and the estate agent every day. I just get excuses and new excuses. They chase the vendor solicitor themselves, but the vendor's solicitor just say each time they don't have the answers yet. I am becoming really depressed: I wanted to take a few months off work but clearly I can't afford to do that whilst my house dealings are still in the air. I don't know what to do anymore: I really like the flat but someone in this endless chain of actors is taking me for a ride. I would pick up the phone and just SCREAM but to whom?

Is there anything I can do as a last resort before I walk away?

TJ

Hoploz

As it is a probate sale it's likely that the seller simply doesn't have the answers. They may be desperately trying to find whatever info it is, but in cases like this sometimes a buyer has to take a view and decide for themselves whether to instruct their solicitor to go ahead without the info requested. That is if the lender is willing to go ahead without. If you can't proceed without then it could be you're unable to proceed with the purchase unless you can find a lender who will go ahead without answers to these enquiries.

tiny_jackal

Thank you for your kind answer. Of the two enquiries, unfortunately, one (the certificate of compliance) it's non-negotiable. It's also the simplest one to answer, in theory. As for the other one, it's a yes/no answer that the seller should be able to supply (even if it's only a no).

I am really at a loss about what to do to force them to answer. It seems all so negligent unless for some reason the vendor doesn't really want to sell.

Hoploz

Perhaps you could give more detail on what is missing?

Maybe an indemnity policy might satisfy the lender?

tiny_jackal

This is off the latest chasing email:

- Your client has yet to confirm if a £5,000 retention for a period of 12 months will be acceptable for potential major upcoming works. No further information is needed from the management company as they have responded accordingly.
- Certificate of compliance
- Notices of Transfer, along with fee, if applicable.

I am no expert (at all!) but on the face of it, those are not complex enquiries.

The flat was on the market for a long time before I endeavoured to buy it. Several sales fell through because the probate hadn't been granted. But now it has been granted so this delay is unexplained -- unless really there was no actual will to sell, for whatever unfathomable reason.

Owain_Moneysaver

Your client has yet to confirm if a £5,000 retention for a period of 12 months

Very unlikely, this is a probate sale and the executor will be wanting to wind up the estate and distribute the assets.

Certificate of compliance

For what, when dated?

tiny_jackal

They have already agreed to a retention for a series of unpaid charges, so it's possible they agree to this one as well. To be honest I care little about it, as long as the lender is happy. Given the unofficial background information I have about the estate and the works, I don't think the retention will be ever used.

The certificate of compliance -- this is the wording of the enquiry:

There is a restriction in favour of XXX ltd in the register who is the landlord. With reference to 2.6 of the LPE1, YYY (landlord's agent) have provided a vague response regarding the compliance certificate. Please ask ZZZ (landlord's solicitors) if they will deal with the restriction and if yes, provide their specific requirements to issue a certificate of compliance along with their fee.

This particular enquiry has been outstanding since mid-March. ZZZ has now confirmed they will deal with the restriction but whatever step had to be taken to proceed, has not been taken yet. And this is the one that really I find maddening. Someone is passively-aggressively dragging their feet. Or else I don't know. This is my first purchase and I feel very ignorant and vulnerable.

Voyager2002

Do you have any means to contact the vendor directly? Or the estate agent acting for them?


You need to make it clear that your offer to purchase expires in four weeks, and at that point you will walk away. No use hassling their solicitor, who will be paid for their work no matter what happens. The EA only gets paid once the property has been sold and so will put pressure on the vendor.

AdrianC

Voyager2002 wrote: »

Do you have any means to contact the vendor directly?

tiny_jackal

Unfortunately i have no contact details for the vendor (i wouldn't be above using the Ouija board at this stage tho...) but i can ask the EA tomorrow!

tiny_jackal

The owner may be gone but there must be a beneficiary around.