House purchase took 4 months with RMNJ, no chain and FTB

mikeyp231987

It has now been 17 weeks since I first had my offer accepted on the house and instructed my solicitor (21st June), 14 weeks since we first got the seller's paperwork through (10th July) and 9 weeks since we sent the enquiries (20th August). I am a FTB and they have no chain.

The outstanding issues are as follows:

1. Apparently the fixtures and contents form hasn't been correctly completed ever since their paperwork was sent through. This has bounced back and forth a few times. The seller's solicitors are saying they can't see anything wrong with it. My solicitors haven't specified which part is incomplete, they just keep saying "Please fully complete the form".

I've asked them to send me a copy highlighting exactly which part they haven't done. Not sure if they will...I haven't received it thus far.

2. Right of way over the neighboring land referred to in the Lease is not a right contained within the Freehold. The right will be extinguished when the lease expires so they're asking what the seller's solicitors propose to do about it.

This was ignored for a while but then finally responded on 1st October saying:-

"To speed matters up, you can ask the Land Registry to ensure the rights granted in the lease are referred to in the property register or not merge title.

My solicitors didn't accept this reply so chased them about it again. The Estate Agents' 'Sales Progressor' has told me that their solicitor in reply will be sending through instructions on how to deal with this issue after completion, when the property is registered.

I'm really just at a loss as to what's going on and why it is all taking so long. The sellers first contacted me early August saying my solicitors must be dragging their feet because they were told by theirs that completion could be achieved in 5-6 weeks total...

I told them then that was very optimistic and mine said 6 - 8 weeks AFTER getting their paperwork through so probably 10 weeks total. I haven't really spoken to them since then but if they were getting impatient then...imagine how they must be feeling now.

Who do you think is at fault here? Is it that both our solicitors are incompetent or just theirs?

Tiglet2

There are no fixed rules about how long it will take.

If the replies to enquiries are not satisfactory to the buying solicitor then he can go back and forth as many times as he likes trying to seek clarification or evidence. This all takes time.

Straightforward enquiries and straightforward responses result in a quick transaction.

The selling solicitor doesn't care about your rights, but you as a buyer need to rely on your solicitor to ensure that what you think you are getting, you are getting!

No. 1 is an easy fix. Entirely possible that the sellers have missed a section out and need to complete it, or if there are two sellers, one of them hasn't signed the form. Not a dealbreaker but an irritating matter that the seller needs to sort out.

No. 2 is more important. Are you buying a leasehold property? Or are you buying the whole house as a freehold property and the lease would then be extinguished? Why do you need rights to cross neighbouring land? It is unlikely that your solicitor will be willing to work on this after completion, rather that the seller's solicitor deals with it before exchange and the titles are updated prior.

On this basis, no I don't think the solicitors are incompetent, more likely neither wish to deal with No 2 but the onus would be on the seller's solicitors to provide an acceptable solution.

SmashedAvacado

2.Right of way over the neighboring land referred to in the Lease is not a right contained within the Freehold. The right will be extinguished when the lease expires so they're asking what the seller's solicitors propose to do about it.

If this is referring to a right of way enjoyed by your property, then is this right used?
I dont understand the reference to freehold / leasehold? are you buying both?
If the right is registered on the neighbour's land - which it presumably is, then i am not sure this is an issue.

mikeyp231987

This is what I was told at the time:

"The Property is Freehold as you will both own the Freehold and Leasehold Titles. Once the Lease ends in approx. 45 years the Leasehold Title will become extinguished and only the Freehold will remain which you will own."

The right of access to the property is only on the lease title.

Tom74

If it's any consolation, I am in the opposite position - selling to an FTB, having accepted an offer in late-June. Over the last six weeks literally nothing has happened I'm aware of except two queries on what seem minor issues, which I have replied to.
In my case, I think the buyer is losing interest is about to pull out. Perhaps your vendor is sorting out issues with their next home? I suspect the solicitors are using delaying tactics because they don't want to explain that your sellers need more time.

mikeyp231987

It is no chain, they've already bought their new house prior to listing it.

The house has now been vacant for about a month, all that remains is some furnishings they agreed to leave.

mikeyp231987

So, I finally got the email through last Thursday about an exchange date.

The exact same fixtures form got sent through which for whatever reason RMNJ accepted this time...

Then for the leasehold title they're applying so that when it expires the rights will automatically move over to the freehold. Why were they waiting so long for the vendors solicitors input on this? Shouldn't they have known what to do?

Should I complain or is it likely to result in nothing more than an apology from them?

csgohan4

I used RMNJ for my purchase after previous historical reviews on here and decent reviews elsewhere, how wrong I was.


They are a conveyor belt firm and delays after delays I got fed up. I called every day and pestered them until they completed the paperwork e.t.c


Future readers, do your research and use a local firm