Vendors Solicitor just pulled out of sale

ClownfishBagel

Hello 👋🏼
Looking for some advice, we are FTB and currently living in rented. Been actively looking at houses for around 8 months, and viewed quite a few anyway just didn’t get ‘that’ feeling in any of them until this one, put offer in 3rd offer was accepted (asking price) 1st Nov 2018 EA was very honest from the start that it was a sale due to seperation.

Vendor had been dragging his heels for sometime delaying the process so his x didn’t get any money etc and he didn’t want to move quite frankly a very forced sale, he had spent a lot of money on the place doing it up. This attitude has caused massive delays. His dad was very open and honest about the situation and some extremely strong language was said regarding the x. Vendor finally found a house after some weeks put offer in and got accepted.

Our Solicitors have been very efficient all searches, surveys and our paperwork was all done way before xmas and we have been waiting and waiting and waiting. Turns out vendor and his x had major disagreements over the fixtures and fittings list. We have been to view the house 3 times now and vendor stated he was taking 2 of the carpets as they are new! :eek:

Anyway there has been delay after delay after delay!! The house he is buying has a chain and I believe they have had an offer accepted also on a house. We have been ready to go for weeks and it’s been incredibly difficult and stressful as the house isn’t local so means a move of schools, have applied for schools etc as we expressed desire (from the start) if it was possible to be moved over the feb half term.

So things went quiet while we waited for paperwork from his solicitor to be sent to ours, nothing.... been chasing the solicitor and EA we started to get concerned as our Solicitors have received nothing! EA rings us monday to drop the bomb. His Solicitor has now pulled out of the sale due to disagreements?! So I assume he and his x are still fighting things out. EA says will be huge delay now while they find a Solicitor that deals with divorce/separation cases and they will need to get up to speed.

So there goes our hopeful date out of the window. Was so upset that I started considering looking elsewhere after all the hiccups I’ve always been strong that things will work out and never for one moment thought of pullling out as we love the house! Anyway we saw another house in a nearby village which we actually love even more they have no chain like us and have dropped the price by 15k as they need to be out quick due to family circumstances. We have arranged a viewing this weekend to keep our options open. But worried about the money we have lost out on for searches and surveys. But the further we get into this sale the more I’m wanting to run far away.

How much of a delay do you think this new solicitor will put on the sale and at what point is enough how long is too long? It’s never been smooth from the start. I also don’t want to be ‘that’ person that devastates a whole chain. But at the same time I need to do what’s best for my family. Tell me there is sucess buying from a terrible situation like this?? Or do I just run far far away :eek: thank you for listening

anselld

Solicitors do not pull out of sales. They have simply reached the realisation that the vendors are not motivated to sell and by withholding any agreement relating to sale the vendors have de-facto withdrawn from the process.

Any new solicitor will probably take some time (and some more fees) before reaching the same conclusion.

So yes, run. Most people would have done so before the vendor's solicitors. You are not "the" person, the vendors are.

Browntoa

My last sale and purchase took 6 months even though a simple chain.

AnotherJoe

From what you've written it seems an easy choice to me, cut your losses and go for the new property.
I'll point out two phrases you used which should guide you

another house in a nearby village which we actually love even more

I need to do what’s best for my family

Good luck.

AdrianC

anselld wrote: »

Solicitors do not pull out of sales. They have simply reached the realisation that the vendors are not motivated to sell and by withholding any agreement relating to sale the vendors have de-facto withdrawn from the process.

Given the acrimony seemingly present in the divorce, I wonder if the solicitor has decided they simply cannot work with the clients any more...?

davidmcn

AdrianC wrote: »

Given the acrimony seemingly present in the divorce, I wonder if the solicitor has decided they simply cannot work with the clients any more...?

Yes, I think it is the solicitor who has ceased to act due to conflict of interests. It's possible the couple are motivated to sell, but in sufficiently different ways that they need separate representation. But not likely to happen quickly anyway.

Davesnave

ClownfishBagel wrote: »

I also don’t want to be ‘that’ person that devastates a whole chain. But at the same time I need to do what’s best for my family. Tell me there is sucess buying from a terrible situation like this?? Or do I just run far far away :eek: thank you for listening

None of us can tell you how long the sale will take now and you aren't the person who's let down the others in the chain.

As you like the other property more,view the money you've lost on legal work etc as the extra price you'll now pay to get it. If you don't go for it, there's a good chance it will taint your view of the first property, if that hasn't already been blighted by circumstances.

ClownfishBagel

Thank you all you have been most helpful. I’m viewing the other one this afternoon!

PasturesNew

ClownfishBagel wrote: »

....we saw another house in a nearby village which we actually love even more they have no chain like us and have dropped the price by 15k as they need to be out quick due to family circumstances. We have arranged a viewing this weekend to keep our options open. But worried about the money we have lost out on for searches and surveys.

Forget the one that you're buying. The sellers are loons and it will only get worse (and more expensive) .... and they'll suck you into their vortex of madness.

You've lost money, that's unfortunate. But stop it right now - and pull out.

I have never heard of a solicitor pulling out before, which shows you just how mad this seller is....

You would never be happy in that house ... as the buying processs is so frightful. AND ... I bet they'd do something stupid out of some weird thought of "spite" and in some way sabotage the house in their warped thoughts of "getting even" with one or either of the couple selling.

RUN.

SlopingBird

Sounds like your vendor is intent on making life as difficult as possible for his ex and your family is just collateral damage. I'd give up and buy the other house you like.

The house buying/selling process in England and Wales definitely needs an overhaul. We're top of a very short chain (three buyers) and were initially pushed for a quick sale (November 16 was agreed by all).

In our case it's our buyers' buyers who are causing all the problems, i.e. leasehold property problems, baby due, etc. As a result, our house has now been empty for over two months (we stupidly based our own moving plans on the agreed completion date plus one week).

Every week promises are made by the various solicitors that completion is very close but nothing ever happens. I'm heating and insuring an empty house and need family to visit regularly to check everything is okay.

We should have walked away when the third proposed completion date was missed (we found out on moving day that it wasn't happening) but believed those empty promises. And they keep coming ... the promised exchange of contracts on January 23 didn't happen.

Walk away. I wish we had.

firebubble

In defence of solicitors (!), and to explain how they work, once instructed a solicitor will only pull out if they become aware that their client is lying to them or otherwise doing something dishonest, so for example in this case, the couple would have jointly instructed the solicitor...but if it turns out, say, that there is a court order that the house can't be sold whilst they are still working out the finances and the partner taking the lead on giving the instructions doesn't tell the solicitor this and tries to push the sale ahead, if the other partner then produces the court order to the solicitor, the solicitor can't continue to act for both parties. This is just an example, I'm sure in the scenario you've outlined there are loads of possible examples of dishonesty given the bad feeling between them.

Either way, it is a very, very bad sign. If I was you, I would instruct your solicitor to stop working on it for now so they don't incur any more time or costs, and then start looking for another property. You don't necessarily have to formally pull out of the sale, you can leave your offer on the table just in case the couple sort out the divorce quickly, but tbh that's highly unlikely if they hate each other.

Two things always to bear in mind: solicitors can only act on the instructions of their clients. Conveyancing is a pretty standard process, so it doesn't necessarily feel like this, but it remains the case, so always get back to your solicitor the same day if possible.

The second point is that professional conduct does not permit solicitors to speak directly with the client on the other side. This is to avoid undue influence. This means that if your solicitor asks you for a piece of information, and you take 3 days to get back to them, they then need to check your answer adequately answers the question (if not there is a further delay whilst they go back to you), before sending it over to the other side's solicitor, who assesses it and then passes it to their client, who may then have questions but who delays replying to their solicitor, who then sends it back to your solicitor, who then sends it to you.

This is why a client delaying for even just a couple of days, or not providing a full answer can take over a week (by the time you add weekends) to answer one question. If you or anyone in the chain are using a firm who still only use post, or has to request any searches in writing rather than online, it takes even longer. If you're in a chain, any delay becomes magnified, because everybody delays slightly and then suddenly the whole process takes months.

TLDR: start looking for another property.