Conveyancing delays

barrytiptree

I'm currently selling my leasehold flat and buying a house through the same solicitor.
My solicitor seems to be extremely slow at getting things done, saying things like "I haven't received your mortgage offer" when I know that they have been sent twice to my solicitor.
When I have spoken to the estate agent on my purchase side (house) they say they have sent various documents to my solicitor to deal with and my solicitor is not getting on with the work. There are also numerous other issues regarding delays that I'm aware of. My solicitor also sends me questions that in my opinion she can deal with, it seems as though I'm doing my own conveyancing ! My solicitor is back from maternity leave and I wonder if she is up to the job, or maybe balancing too many clients. I'm having to speak to both estate agents (sale/purchase side) to check what they are waiting for from my solicitor. I spoke to the sellers estate agent who said they had sent various forms some weeks ago but my solicitor says she hasn't seem them!

Can I ask to speak to another solicitor within the company? Does anyone know what I can do to help speed things up as I do not want my sale / purchase falling through as I know my buyer wants to complete by Xmas.

Any advice appreciated.

Tiglet2

Do you know when the draft contract pack got sent to your buyer's solicitor for the property you are selling?

Do you know when your solicitor received the draft contract pack from your seller's solicitor for the property you are buying?

The only bit you can speed up is by providing paperwork and answering queries quickly. You cannot control how speedy third parties are in responding.

The mortgage offer comes directly from the lender - have they addressed it correctly?

Have you paid for and received the management pack or answers to the LPE1?

Can you be specific about the enquiries your solicitor should have answered rather than you?

On average a leasehold transaction takes 10-12 weeks once draft contracts are received and I am assuming you want the sale of your leasehold property to tie in with the purchase (of a freehold?).

barrytiptree

This is actually my son who is selling his flat which was a new build in 2013. His conveyancing solicitor (who I am not very happy with) has sent him a list of around 20 questions from the buyer's solicitor, most of which he has managed to answer. Just two documents are outstanding:

Please provide a S106 Agreement and a Building Control Sign Off Agreement.

I am trying to help my son has he has no idea how to find these, I have been onto the council, the developer who built the flats and also a housing association who manage the flats, without much success. My son owns his flat but other people living there rent from the housing Association who manage the block.

Does anyone know if he needs to find these two items, if he cannot he has been told he could get indemnity insurance but I am unsure whether these documents can be obtained by myself or my son or whether they are actually needed.

Any help would be much appreciated.

davidmcn

barrytiptree wrote: »

Just two documents are outstanding:

Please provide a S106 Agreement and a Building Control Sign Off Agreement.

I am trying to help my son has he has no idea how to find these

Then he phones his solicitor and has a conversation along the lines of "I don't have these documents, can't you get hold of them from the council? Or if not, please fob off the buyer's solicitor in the usual way so we can progress the transaction."

Tiglet2

The Council will probably have a copy but they will charge you for providing the documents. The solicitor is asking if you have a copy because the bundle of paperwork provided from the developer or the solicitor who dealt with the purchase of this flat, may have already included these documents, so if you did have them you wouldn't have to pay a fee for a duplicate to be issued. If you don't have them, just say that.

Tiglet2

It will be up to the buyer's solicitor to decide whether to accept indemnity insurance, but generally if the Section 106 Agreement and Building Control Sign Off Agreement show up on the local search, then the documents do exist and the buyer's solicitor will want them so yes they are "needed" but you don't have to search for them, let your solicitor do that, bearing in mind they will probably charge you.

ethank

S106 document is generally attached to the Planning record - most councils have an online system you can obtain this from.

Building Control - I've never been given any documentation for building control and i;ve bought two newbuilds.

barrytiptree

Hi, sure, I understand that but what happens when I say I have not got them. Do you think a letter from NHBC or the Housing Association saying one exists would suffice ?

davidmcn

barrytiptree wrote: »

Hi, sure, I understand that but what happens when I say I have not got them. Do you think a letter from NHBC or the Housing Association saying one exists would suffice ?

It's the contents of the s.106 agreement which are relevant, so it will need to be available to read, it's not sufficient just to say it exists.

If it's covered by NHBC then I think that implies it was signed off anyway for building control purposes.

Really it's up to the solicitors to have the conversation about what ought to be sufficient, it's not up to your son (and certainly not you!) to do the running around.

Bear in mind that buyers' solicitors will routinely ask for "everything including the kitchen sink" in their enquiries, many of which won't be relevant to the particular property or be fundamental. It's perfectly normal for them to ask for things which don't exist or aren't necessary.

barrytiptree

Hi, I've finally managed to get the last outstanding item from the Council (S106) agreement !

My son's conveyancing solicitor had previously said for him to obtain these himself as it may be quicker than if the solicitor tries! Seems like myself and my son are doing the conveyancing ourselves !!!

My son is going to ask for an itemised bill from the solicitor as he does not want to get charged for things he and I have done.

kdotdotdotdot

barrytiptree wrote: »

My son is going to ask for an itemised bill from the solicitor as he does not want to get charged for things he and I have done.

I'd say good luck with that! Assuming your son agreed charges in advance, and a list of what that would include?