Solicitor errors delayed completion

Mypaperdays

Hi all,
We were due to complete on our house purchase in the 25th. After waiting all morning for the call to say we can collect the keys, we got an email from the estate agent to say that there was a problem with Help to buy and that we need to speak to our solicitor.
Our actual solicitor was on annual leave and her stand in was in a meeting til half 2 so we called Help to Buy directly. They informed us that our solicitor has not submitted the paperwork to them until the 15th and they have a 2 day turnaround. The funds can only be released after 12 working days..... This meant that we could never have completed on the 25th.
The Help to Buy people also had a computer problem and didn't 'press the button' delaying this by a further day. They admitted this to us themselves.
No phone call from the solicitor, they were conveniently out of office for the rest of the day. But we are now unable to complete until the 5th of November. The estate agent is trying for a licence to occupy so we can move in but can't decorate until completion.
Can we seek compensation for this?

davidmcn

Have you exchanged? If not, then you weren't necessarily completing on the 25th anyway.

You're not going to be able to claim compensation from anyone unless you've actually suffered a loss, though it might be inadequate service justifying a reduction in the solicitors' fees.

Mypaperdays

Yep, we have exchanged. We had days booked off work, we had arranged various appointments and will now potentially have to take unpaid leave to move as its too late to rearrange booked holiday.

AdrianC

Mypaperdays wrote: »

Can we seek compensation for this?

If you've exchanged, then the vendor is the one seeking compensation for the costs incurred by your failure to complete.

And you should be able to pass that to the solicitor, if it's only their failure to request the monies which has delayed the completion. When did you exchange?

What are you wanting compensation for? What are your losses?

gary83

Were you in a chain?

If you were & your failure to complete after you’ve exchanged has delayed their moves & cost them potentially a fair amount for cancelled removals, storage of belongings, accommodation etc. then then the rest of the chain will be coming after you for their losses.

In your position I’d be wanting things confirmed in writing & not relying on memories of phone calls

G_M

Had you Exchanged?

Assuming you had, then your sellers are likely to make claims against you for your failure to Complete. And if they in turn were unable to complete on their purchase, their sellers coud claim against them and that would in turn get passed on to you.

So potentially you could face a big bill.

Whether you can pass all those costs on to your solicitor is as yet uncertain - but if it comes to it, you may need to either


* follow your solicitor's complaints procedure and/or
* escalate to the SRA and /or
* take legal action against them (using a litigation solicior)


But for now, it's wait and see. None of that may happen and you Complete tomorrow and all is brightness and joy.Just a bit delayed!

Mypaperdays

Yes, we had exchanged. Solicitor confirmed all OK to complete on the 25th.
We can't complete as the Help to Buy people can't release the money until the 5th as the solicitor submitted the paperwork too late.
We are not in a chain, we are renting and moving to a new build.
Mostly just looking to claim for loss of earnings and negligence on their part.

MovingForwards

It's not loss of earning as you took (paid) annual leave.

Lodge a complaint to the complaints partner (details will be in the engagement letter you received when instructing them).

At best, for you, there will be a reduction in the solicitors fees.

Just have to watch out for now being in breach of your house purchase contract, in theory the solicitors will pick up the bill for, unless they did everything by the book.

Mypaperdays

I don't get annual leave as I work in a school, but I do get a day to move house.... Which I will now have to take as unpaid leave....

Kyresa

Just wondering, as you are moving into a new build, was there a fixed date to complete actually written on the contract, or was it based on completion on or before a certain date (usually 6 months into the future after exchange!).

The fact that no one was available for you to speak to at the Solicitors suggests to me that they weren't expecting you to complete on that date. Who originally told you that you were going to definitely complete on the 25th?

Mypaperdays

The new house is complete and ready to move into, and has been for months. The completion date was confirmed in writing on our exchange date and all parties were happy (developer, agent and solicitors)
It has come to light today that Help to Buy confirmed to our solicitors that all was in place to complete on the 25th. It all sounds a bit messy so will be an interesting few days.
However, someone has messed up somewhere and we will be finding out who and they will be getting an official complaint!