Must all enquiries be answered?

Buyer_K

Hi all

I’m the buyer in a purchase that is dragging because of supposedly unanswered enquiries. I say supposedly because in truth most of the answers have just been ‘no’. I’ll show you what I mean:

1.”Please provide copy Planning Permission Approval, Building Regulation Approval and Building Regulation Certificate of Completion in respect of all alterations and extensions” - vendor doesn’t have it.

2.”confirm that you have carried out all necessary checks to verify the identity and address for your client...”

3.. “We note the Certificate of Structural Adequacy. Are there any Building Regulations Completion Certificates to accompany this? Please provide draft indemnity policy for our approval” - i’m gonna ask for planning permission ASAP so indemnity will be invalid surely.

4. “Please supply a copy of any correspondence from the landlord, the management company and the management” - as far as I’m concerned they’ve got this.
5. “We note that the freehold is for sale. Please confirm further details such as the amount each flat is expecting to pay for the freehold. Please confirm the present position.” -I don’t need this more than I need to complete in time for mortgage offer expiry

What power do I have if any to dismiss these enquiries? Or is it an absolute necessity from a solicitors perspective?

sillyhilly

Question 1 - can you not find that on the local council website?

Question 2 - directed towards your / their solicitors - not the vendor / buyer.

Question 3 - it seems like indemnity policies are effectively a pre-requirement these days for conveyancing!

Overall, if you can't answer them (or won't), just say No. It's then up to the other party to decide what to do.

LawAbiding

I think Buyer K is the buyer and the seller is dragging heels on the sale to him/her

I have been in this situation and just told my solicitor to not be concerned and I will take the risk.

He accepted that.

davidmcn

Your solicitor is making the enquiries on your behalf (and your lender, if they're also acting in connection with a new mortgage) - so it's entirely up to you whether you want them answered or what you do with the answers.

ReadingTim

They have to go through a thorough process, but there will come a point where unanswered questions or unresolved issues that aren't dealbreakers for you or your mortgage provider (for whom your solicitor also works) are referred to you to make a call on - to go ahead or not. No-one except your solicitor knows when this will be, but the time will come, of that you can be sure, and only you can make the decision as to what to do.

If you do decide to dismiss things and go ahead, you'll have no recourse to the solicitors, or the previous owners, if things go wrong. Your property, your problem. You will also face the same issues, from the opposite side, when you come to sell the place.

Whilst it may not seem like it at the moment, they are acting in your best interests. If you let them that is.

Buyer_K

I appreciate all your responses. My logic in asking this question, I guess, is to better understand the whether I have the power to move forward knowing the risk as the mortgage expiry date gets closer (it’s next week - this has been a 6 month process). I definitely have a better understanding of that now. My “foolhardiness” is mainly out of confidence that I will gain enough from sticking with this purchase (which is at a good price and which, with improvement, will be a decent investment personally and monetarily) that it will be worth it. I’ve been waiting and watching my solicitors re submit the same enquiries again and again that, to be honest, I don’t need or already have sufficient answers to. I will present this question to my solicitor tomorrow and see where I get.


Cheers!

Tiglet2

Buyer_K wrote: »

Hi all

I’m the buyer in a purchase that is dragging because of supposedly unanswered enquiries. I say supposedly because in truth most of the answers have just been ‘no’. I’ll show you what I mean:

1.”Please provide copy Planning Permission Approval, Building Regulation Approval and Building Regulation Certificate of Completion in respect of all alterations and extensions” - vendor doesn’t have it.

2.”confirm that you have carried out all necessary checks to verify the identity and address for your client...”

3.. “We note the Certificate of Structural Adequacy. Are there any Building Regulations Completion Certificates to accompany this? Please provide draft indemnity policy for our approval” - i’m gonna ask for planning permission ASAP so indemnity will be invalid surely.

4. “Please supply a copy of any correspondence from the landlord, the management company and the management” - as far as I’m concerned they’ve got this.
5. “We note that the freehold is for sale. Please confirm further details such as the amount each flat is expecting to pay for the freehold. Please confirm the present position.” -I don’t need this more than I need to complete in time for mortgage offer expiry

What power do I have if any to dismiss these enquiries? Or is it an absolute necessity from a solicitors perspective?

1. Your solicitor should request that the seller provides a Building Regulations Indemnity Policy at their cost if they don't have the relevant paperwork/certificates.

2. Your solicitor answers this - it is not an enquiry for you. Basically it means that you have submitted your ID to your solicitor and they have checked it, contacted the certifier to confirm that they did certify your documents and that the photograph was a good likeness. The solicitor will perform a credit check on you too. Providing there are no discrepancies they will confirm that they have carried out all the necessary checks.

3. A Certificate of Structural Adequacy is given when a property has suffered with subsidence and has been underpinned. If this is the case, your solicitor will require all associated documentation. I'm not sure why an indemnity policy has been asked for, but certainly if you contact the Council any indemnity policy will be invalid. You should not contact the Council in any case. This will not help you or speed things up, if anything the vendor and their solicitor will be extremely irritated that you are involving yourself in the legal work in by-passing your solicitor and theirs. You are not the owner (yet) of the property and the Council should not speak to you.

4. The seller should pay for and provide a management pack. This should answer any leasehold enquiries your solicitor may have.

5. Your solicitor is merely asking for further information regarding the freehold as he notes that it is for sale. Does the seller think you are buying the freehold? Is the sale on the understanding that you will purchase the freehold? Asking about the present position is your solicitor wanting to know what procedures have already been done and what else needs to be done. Are we talking about up to 4 joint freehold owners, or a share in the Management Company for a block of flats? If you are not buying the freehold, then tell your solicitor so that this enquiry can be satisfied.

Would it be possible for your mortgage to be extended? Most can be if it's the first time it's near the expiry date.

You can instruct your solicitor to stop enquiring but they are likely to request that you sign a Waiver to prevent the chance of you coming back in a couple of years complaining that you were not aware of something and you want compensation from the solicitor acting. However, please consider how serious No. 3 could be without documentation to hand. You may have difficulty selling in the future without being able to provide relevant certificates and associated paperwork. No. 4 should provide final accounts for the last three years. Your solicitor needs to ascertain whether there are arrears for the current year, whether the seller's solicitor needs to retain a retention out of the sale proceeds in case of shortfall. Also your solicitor wants to know if there are any major works in the pipeline. I am sure you don't want to be landed with a hefty bill for urgent repairs shortly after you move in. Also your solicitor will want to see the buildings insurance to make sure the cover is adequate in case of a claim.

davidmcn

Tiglet2 wrote: »

2. Your solicitor answers this - it is not an enquiry for you. Basically it means that you have submitted your ID to your solicitor and they have checked it, contacted the certifier to confirm that they did certify your documents and that the photograph was a good likeness. The solicitor will perform a credit check on you too. Providing there are no discrepancies they will confirm that they have carried out all the necessary checks.

No, the question is aimed at the vendor's solicitor, asking them whether they've checked their client's ID etc. Unfortunately this sort of enquiry sometimes ends in stalemate as the other solicitor refuses to confirm that they've done any more than the authorities require them to, so depends how awkward the respective solicitors want to get about it.

Tiglet2

davidmcn wrote: »

No, the question is aimed at the vendor's solicitor, asking them whether they've checked their client's ID etc. Unfortunately this sort of enquiry sometimes ends in stalemate as the other solicitor refuses to confirm that they've done any more than the authorities require them to, so depends how awkward the respective solicitors want to get about it.

Thank you Davidmcn, sorry you are right! Apologies for the confusion.

steampowered

You can instruct your solicitor that you do not require answers to particular enquirers.

Apart from perhaps the KYC checks question which is regulated.

However, if your solicitor is also acting for your mortgage lender, they might feel that they need answers to some things on behalf of the mortgage company.

onwards&upwards

The freehold being for sale would be far more concerning to me than a mortgage offer expiring and in fact would likely put me off completely. You have no idea who may buy it, and a quick google should let you know why that’s risky!