Vendor's solicitor hasn't started work

Cuilean

We had an offer accepted on a house in the last week of September. It was on a small backland development, and both houses were for sale. They'd been used as rentals by a property developer since they were built. It materialised that the developers had never registered the properties separately, presumably intending to keep them on one title and rent them out ad infinitum, for whatever reason. At the time, I was slightly concerned because there was no Land Reg title, but people here very helpfully explained the process of Transfer of Part, and sure enough that's what was promised.

We're now six weeks on, and the vendors' solicitor appears to have done literally nothing. We've had our survey done and our mortgage is approved. My solicitor has asked repeatedly for a contract pack and been fobbed off. The vendors' EA was told to stop calling the solicitor because he doesn't want to speak to her any more. The vendor discovered today that his solicitor hasn't even started the transfer of part paperwork, having sat on all the information passed to him by the vendor. My understanding is that it would be very difficult for my solicitor to do anything without a Land Reg registration (Be that part or full title) so we're at stalemate.

I've given the vendor 48 hours to get his solicitor to provide every document requested by my solicitor, or we will walk away. The EA is clearly aware the sale is on the verge of collapsing and has asked if we'd consider moving in on license, which I'm not interested in because it would undoubtedly mean continued dealings with the vendor's solicitor.

Am I flogging the proverbial dead horse here, or is there something I can do to get things moving?

Thrugelmir

Cuilean wrote: »

We've had our survey done and our mortgage is approved.

When did your mortgage offer come through?

eddddy

Are you sure that you're getting 'truthful' feedback?

If the vendor's solicitor hasn't done anything for 6 weeks, it's likely to be because the vendor hasn't instructed them to do anything.

So I'd guess the vendor is either really dopey and disorganised and hasn't given their solicitor instructions to go ahead...

...or the vendor is delaying for some reason.


(It's a common 'fib' to say that a delay is the solicitor's fault, because it's hard to disprove.)

Cuilean

Thrugelmir wrote: »

When did your mortgage offer come through?

Middle of October. We'd been in a chain previously which had collapsed, so it was an amended offer and came through pretty quickly.

eddddy wrote: »

Are you sure that you're getting 'truthful' feedback?

If the vendor's solicitor hasn't done anything for 6 weeks, it's likely to be because the vendor hasn't instructed them to do anything. So I'd guess the vendor is either really dopey and disorganised and hasn't given their solicitor instructions to go ahead.....or the vendor is delaying for some reason.

(It's a common 'fib' to say that a delay is the solicitor's fault, because it's hard to disprove.)

As you say, it is hard to disprove because I'm not the one dealing directly with any of my suspects. As always, I'm taking everything that I'm told with a large pinch of salt. However, reading between the lines, I'm pretty sure that the two developers have had a bust up, and are looking to offload all their joint properties, so it would surely be in their best interests to get it all done and dusted quickly? Proverbial question, obviously. My own EA suggested that the vendors are dragging their heels a bit in the hope that the other house also sold, which would apparently make dealing with LR significantly easier for them. Whatever it is, we don't appear to be going anywhere, and we're supposed to have exchanged before Christmas.

I saw this on a post on another forum. It's probably not relevant, but made me feel a bit better.

Understand that as a buyer, nobody is out to help you in this business. The seller is looking out for themselves. The estate agent, while working for the seller, is looking out for themselves. The conveyancer will only check the basics, providing little other advice and almost zero protection. The surveyor produces a report which is couched in such a way that there is no come back if the place turns out to be the money pit from hell. Basically, you have more consumer protection when buying a sandwich from Asda.

Thrugelmir

Cuilean wrote: »

Middle of October. We'd been in a chain previously which had collapsed, so it was an amended offer and came through pretty quickly.

Still early days in the transaction then.

pinkteapot

Thrugelmir wrote: »

Still early days in the transaction then.

Not really - OP's solicitor wouldn't usually order the searches until receiving the title and draft contract. Normally that happens pretty quickly. There's definitely been a stall of a few weeks.

Cuilean

Thrugelmir wrote: »

Still early days in the transaction then.

Potentially, yes, but as we're supposed to have exchanged before December 25th, I am twitchy given that the properties don't even appear to be LR registered at this point, and the turnaround for local searches in the area we're trying to buy in is currently 5-6 weeks.

AnotherJoe

I'd have suggested what you've done,48 hours notice. Dont see what else you can do.
Tell them the offers still there should they ever pull their finger out but in the meantime you've stopped your solicitor working on it and are looking elsewhere. And do that.

eddddy

Cuilean wrote: »

However, reading between the lines, I'm pretty sure that the two developers have had a bust up, and are looking to offload all their joint properties, so it would surely be in their best interests to get it all done and dusted quickly?

In which case, I suspect it's an argument about how the money is split, or one wants to sell and the other doesn't, etc

e.g. "I want 60% of the proceeds, because I did more work on the house than you did, and I paid for the kitchen, etc etc.

And I'm not going to sign the paperwork to instruct the solicitor unless you agree to give me 60%"

A bit like buying a property from a divorcing couple - which can be a nightmare.