Solicitors Arguing

Bluestraw

Would love some advice on this please...

I'm buying a flat and my solicitor has reached an impasse with the seller's solicitor. My solicitor has told me the following clause in the contract is too biased in the favour of the seller, yet the seller's solicitor is adamant this is a very normal clause. I'm a novice buyer without any experience, and now the Estate Agent is shouting at me to overrule my solicitor.

The clause is "The Lease of the property is granted subject to any Charge Notice Order Restriction Agreement or other matter arising under the Planning Acts and all matters that are capable of being ascertained by a prudent Buyer by making the usual searches and/or enquiries of the local authority or authorities or other competent authority or authorities"

Has anyone else had such a clause?? Hard to know what to believe with them both arguing and me stuck in the middle... Thank you so much in advance for any inputs!

obay

Your solicitor acts for YOUR best interest. Don’t you dare let anyone else tell you otherwise. Screw the estate agent. They only want there commission!!

Bluestraw

obay wrote: »

Your solicitor acts for YOUR best interest. Don’t you dare let anyone else tell you otherwise. Screw the estate agent. They only want there commission!!

Thanks that's what I thought. But he's trying to bully me into going ahead saying that otherwise they'll put it back on the market. Not impressed...

eddddy

Bluestraw wrote: »

...and now the Estate Agent is shouting at me to overrule my solicitor.

FWIW, the EA is probably shouting at the seller to overrule their solicitor as well.

I suspect the EA is just hoping that one of you will overrule - and the EA doesn't care which of you it is.

elsien

It's not bullying. It's a statement of fact.
If you can't agree on the clause, you can't proceed and they will have to find another buyer. The estate agent acts for the seller - if the seller instructs them to put it back on the market, that's what'll happen.

xylophone

Is the vendor granting the lease?

any Charge Notice Order Restriction Agreement or other matter arising under the Planning Acts and all matters that are capable of being ascertained by a prudent Buyer by making the usual searches and/or enquiries of the local authority or authorities or other competent authority or authorities"

Has your solicitor made enquiries concerning the above matters?

bouicca21

According to my solicior there was a big problem when I was in the process of buying my flat. EA and vendor insisted she was wrong and tried to bully me into going ahead without rectifying the problem. She was absolutely right and although it took a long time, eventually the vendor paid to get it sorted.


Your solicitor is the only person who is on your side. Listen to their advice.


PS is your mortage provider happy with that clause? I don't know what it means but I suspect something potentially nasty is hiding in the shadows.

mrschaucer

Bluestraw wrote: »

My solicitor has told me the following clause in the contract is too biased in the favour of the seller, yet the seller's solicitor is adamant this is a very normal clause.

The clause is "The Lease of the property is granted subject to any Charge Notice Order Restriction Agreement or other matter arising under the Planning Acts and all matters that are capable of being ascertained by a prudent Buyer by making the usual searches and/or enquiries of the local authority or authorities or other competent authority or authorities"

Has your solicitor explained why he thinks it's too biased? Has he done the due diligence to check whether there ARE any charges, notices, orders, restrictions, agreements or anything else arising under Planning laws which might affect the lease? Has he asked the vendor's solicitor whether the lease is subject to any? Has he made "the usual searches"? You need to sit down with him and get him to explain just what he's worried about.
Edit: As Xylophone said!

Tom99

Is this a brand new property?

Logicon

Remember exchanging contracts has to be done unconditionally, meaning there can't be any outstanding conditions, clauses, charges or restrictions that one or both parties are in disagreement with. If the property has to go on the market again then this is normal. The seller pays the bill to the Agent, usually on completion. You only have to cover costs to your own Solicitor. If you do not have a 'No Purchase, No Fee' clause with them, you may have to pay them some money for the work they have undertaken thus far.

Marvel1

2 things you need to know:
1. Your Solicitor acts for you.
2. Estate agent acts for the seller - they want their commission.