Seller won't complete

Skipsonrecord

eddddy wrote: »

You should ask your solicitor why she gave you that advice. It sounds a bit negligent.

But re-read the advice carefully. For example, she may have just be saying that she was in a position to complete by 1st September.

Realistically, she couldn't have known for sure whether the seller was ready, willing and able to complete on 1st September - because contracts had not been exchanged.

Not only that, my solicitor still had outstanding enquiries she didn't tell me about until after 1st September! I have consulted with my mortgage advisor every step of the way and therefore knew the process. My solicitor was telling me completion was definitely that week, so how was I to know she still had outstanding enquiries, as did the sellers on her new property. Everything was sorted as far as I was aware.

Skipsonrecord

babyblade41 wrote: »

Is this was a conveyance factory your advice is probably what I'd expect...cheap but they cause more problems than they solve.

No solicitor with any experience would advise to give notice before exchange

I think I've been through everyone at this firm now. I started off with a really helpful conveyancer who walked me through everything in advance. She was in regular contact, just updating me on how things were progressing. One week I had a query so I called and was told she was on two weeks annual leave. Nothing wrong with that, would have just been nice to get a heads up. I was informed that my case wasn't passed over to anyone and I'd have to wait until my conveyancer returned. My query wasn't urgent and I wasn't that put off by it all at the time as it was peak holiday season. I called back after her return date and was told that my solicitor had actually left the firm, so she was handing me over to another conveyancer, but she wasn't sure which solicitor was picking up my case yet. One week later after several calls to chase this up I was finally put in touch with another conveyancer, who informed me who my new solicitor is. I have had minimum contact with any conveyancer since, and have instead been dealing direct with my solicitor. Who forgets who I am every time I call. Obviously very busy and I understand that, but when I'm calling every day how can you forget who I am and have to read through my whole case again??

Cakeguts

Skipsonrecord wrote: »

Not only that, my solicitor still had outstanding enquiries she didn't tell me about until after 1st September! I have consulted with my mortgage advisor every step of the way and therefore knew the process. My solicitor was telling me completion was definitely that week, so how was I to know she still had outstanding enquiries, as did the sellers on her new property. Everything was sorted as far as I was aware.

She can't have been telling you completion was that week because you hadn't exchanged contracts and you don't get a fixed competion date until you exchange. Why are you consulting your mortgage provider about legal issues to do with the searches that is nothing to do with them?



I don't think that you are telling us this as it was. I think you asked the solicitor about completion on 1st of September because until you mentioned it the solicitor would have had no idea about any date. They aren't mind readers. There is a huge difference between you "could" complete on that date and you "will" complete on that date. Could means it might happen or it might not.

Cakeguts

Skipsonrecord wrote: »

I think I've been through everyone at this firm now. I started off with a really helpful conveyancer who walked me through everything in advance. She was in regular contact, just updating me on how things were progressing. One week I had a query so I called and was told she was on two weeks annual leave. Nothing wrong with that, would have just been nice to get a heads up. I was informed that my case wasn't passed over to anyone and I'd have to wait until my conveyancer returned. My query wasn't urgent and I wasn't that put off by it all at the time as it was peak holiday season. I called back after her return date and was told that my solicitor had actually left the firm, so she was handing me over to another conveyancer, but she wasn't sure which solicitor was picking up my case yet. One week later after several calls to chase this up I was finally put in touch with another conveyancer, who informed me who my new solicitor is. I have had minimum contact with any conveyancer since, and have instead been dealing direct with my solicitor. Who forgets who I am every time I call. Obviously very busy and I understand that, but when I'm calling every day how can you forget who I am and have to read through my whole case again??

They can forget who you are because you are not special. Your property purchase is not more special and exceptional than anyone else's that they are dealing with and the way you are going about this is the way to get them to put your file at the bottom of the ones they have got so that they can deal with the ones from nice people who don't keep pestering them when they are trying to work.

steampowered

You need to keep the pressure on your solicitor, the seller and the EAs here.

As others have advised you are going to need to put your stuff into storage and move into short term rental.

Skipsonrecord

Cakeguts wrote: »

She can't have been telling you completion was that week because you hadn't exchanged contracts and you don't get a fixed competion date until you exchange. Why are you consulting your mortgage provider about legal issues to do with the searches that is nothing to do with them?



I don't think that you are telling us this as it was. I think you asked the solicitor about completion on 1st of September because until you mentioned it the solicitor would have had no idea about any date. They aren't mind readers. There is a huge difference between you "could" complete on that date and you "will" complete on that date. Could means it might happen or it might not.

My mortgage advisor started checking in with me when they were informed my solicitor had left the firm, just to make sure I was doing okay I guess. They contacted me again this week to ask if I had a completion date yet. They asked for an update at the end of this week, so that's what I'm giving them.

I was given the contract to sign mid August and asked what completion date was preferable. I said 1st September if possible. My solicitor said this was doable but would need to check with the seller. The seller's solicitor confirmed 1st September was preferable and achievable. I didn't expect to actually move in on the 1st September, but I did everything as instructed back in August, and was told just before the prospective date that everything was sorted and I had to let my solicitor know what date was best for me as I was then working away. I came back with a date for later that week, and my solicitor then informed me she had some outstanding enquiries. She suggested 13th September instead, I agreed, the seller agreed, then two days later I received a phone call from my solicitor telling me the seller wasn't able to complete on 13th anymore and would request 20th instead. On the 19th the seller TEXTED ME to say she couldn't complete this month. When I asked my solicitor about it she said it was quite unusual that the sellers solicitors had enquiries at this late stage, but I'd just have to sit tight. She advised me to contact the seller directly to push things forward. The estate agent has since been in touch as she is concerned about the enquiries the sellers solicitors have and has advised the seller makes a formal complaint as they had already agreed completion dates before plucking 18 enquiries out of thin air on the sellers day of completion.

Skipsonrecord

steampowered wrote: »

You need to keep the pressure on your solicitor, the seller and the EAs here.

As others have advised you are going to need to put your stuff into storage and move into short term rental.

But according to some other suggestions I should stop pestering them?

Cakeguts

Skipsonrecord wrote: »

My mortgage advisor started checking in with me when they were informed my solicitor had left the firm, just to make sure I was doing okay I guess. They contacted me again this week to ask if I had a completion date yet. They asked for an update at the end of this week, so that's what I'm giving them.

I was given the contract to sign mid August and asked what completion date was preferable. I said 1st September if possible. My solicitor said this was doable but would need to check with the seller. The seller's solicitor confirmed 1st September was preferable and achievable. I didn't expect to actually move in on the 1st September, but I did everything as instructed back in August, and was told just before the prospective date that everything was sorted and I had to let my solicitor know what date was best for me as I was then working away. I came back with a date for later that week, and my solicitor then informed me she had some outstanding enquiries. She suggested 13th September instead, I agreed, the seller agreed, then two days later I received a phone call from my solicitor telling me the seller wasn't able to complete on 13th anymore and would request 20th instead. On the 19th the seller TEXTED ME to say she couldn't complete this month. When I asked my solicitor about it she said it was quite unusual that the sellers solicitors had enquiries at this late stage, but I'd just have to sit tight. She advised me to contact the seller directly to push things forward. The estate agent has since been in touch as she is concerned about the enquiries the sellers solicitors have and has advised the seller makes a formal complaint as they had already agreed completion dates before plucking 18 enquiries out of thin air on the sellers day of completion.

None of this matters because you haven't exchange contracts yet. The whole purchase could fall through at this stage and you could be in the position of looking for another house to buy.



Nothing is set until you have exchanged contracts.



They haven't plucked any 18 enquiries out of the air on the seller's completion date simply because there isn't a completion date. You only get a completion date when you have exchanged contracts.



You keep mentioning an non existent completion date. There is no completion date. Any date mentioned before exchange of contracts is a only a possibility it is not a date that anyone should be relying on.

babyblade41

Ditto above, our buyer wanted December 7th as they were completing their sale but had to go into air bnb until January 14th .

getmore4less

the basic rule is simple

Don't give up your old home till you have contracted on a new one.