Power of attorney cert “to follow”???

120624

Mid January we had our offer accepted and mortgage application sent. Everything has been smooth sailing on the vacant purchase and we are first time buyers, dream sale!

17th of March initial queries are raised with the sellers solicitor (which we later find out weren’t actually sent until the 3rd of April  - solicitors working from home?! Doing what?)

Anyway, query replies are back! Unable to supply copy of boiler installation cert, local authority do have a copy though which came up on our search, our solicitor advises we can skip obtaining this to save time or they can obtain at additional cost to us (we can get it ourselves once moved in and save the middle man but as it’s 10 years old we might replace instead)

The query I am particularly concerned about is that they wrote the power of attorney cert is “to follow”. I asked my solicitor to elaborate and they stated it simply means the sellers solicitor doesn’t have a copy therefore we do not have a copy. I would have thought the sellers solicitor needed this to even sell the house????? Please tell me it’s a legal requirement which they should already have and they aren’t now about to make an application or something   

davidmcn

Might just be that they didn't have immediate access to it if it's stuck in their office, for example. I wouldn't worry about it.

120624

davidmcn said:

Might just be that they didn't have immediate access to it if it's stuck in their office, for example. I wouldn't worry about it.

Fair point, you don’t think logically in these situations - we’re desperate to get to exchange and complete can’t believe it’s took this long! Wish solicitors were just straight up with reasons for not having paperwork, shall reply on here once they reply with their reasons (if they do!) 

TripleH

One problem is that in the legal (and Accounting) profession, certain things 'have to be done by paper'. If you have a more modern firm, dealing with things you often find they will work over e-mail but then also send certain things by post. I think a lot of this is because historically a lot was recorded on paper. When we sold our last place a lot of paperwork was a photocopy of a photocopy of a photocopy. Also because legilsation requires updating (which isn't the solicitor's fault)
If you have one firm in your chain sending important doccuments by post, the issue may be that mail isn't getting opened as often.

120624

TripleH said: 

One problem is that in the legal (and Accounting) profession, certain things 'have to be done by paper'. If you have a more modern firm, dealing with things you often find they will work over e-mail but then also send certain things by post. I think a lot of this is because historically a lot was recorded on paper. When we sold our last place a lot of paperwork was a photocopy of a photocopy of a photocopy. Also because legilsation requires updating (which isn't the solicitor's fault)
If you have one firm in your chain sending important doccuments by post, the issue may be that mail isn't getting opened as often.

Thank you - also thinking this could be a reason. Both solicitors are using E-Way the electronic system for all the docs, but our contract had to be posted so possibly with the cert this might be the case. To add to this the seller actually lives in Australia! But this has caused no issues to date except slow replies to emails due to time difference - I don’t think he has a scanner either as he seems unable to sign and date the fixtures and fittings form.

As I said above, it’d be great if solicitor could add a comment saying this is to follow because..... then I wouldn’t be replying like a nutter    

TripleH

It's the lack of information that is the most frustrating part about selling. When my wife sold her old flat, there was a long delay where we heard nothing. Turned out the buyer had recently changed jobs and needed 3 wage slips for the mortgage. It would have been better if we had been told that there was a delay because x, because you don't know if the silence is because the buyer has pulled out or there is a genuine reason.

120624

TripleH said:

It's the lack of information that is the most frustrating part about selling. When my wife sold her old flat, there was a long delay where we heard nothing. Turned out the buyer had recently changed jobs and needed 3 wage slips for the mortgage. It would have been better if we had been told that there was a delay because x, because you don't know if the silence is because the buyer has pulled out or there is a genuine reason.

Exactly! Think I’d give up if something like that was to happen now, we even had to resort to contacting Burchell Edwards area manager (not furloughed thankfully!) to get some answers, he was brilliant!!

I always used to roll my eyes a bit reading these forums people complaining about solicitors so much thinking it can’t be that bad especially with how well ours was going - now I’m one of them   

120624

Thought I’d update although rather pointless 

No update given by solicitor on when this certificate will be provided or why it’s delayed - unable to get through to sellers solicitor somehow.

We’ve contacted Burchell Edwards area manager again and they’re supposed to be getting back to us... no news 

Almost 7 weeks for this single query, the one thing needed to exchange and complete, so frustrating.

MovingForwards

Most Solicitors are working at home, skeleton staff due to admin / secretary support being furlough.

A physical grant of probate* (possibly a physical certified copy) needs to be received by your solicitors before being able to complete the purchase. That's if the sellers have even received it from the Probate* Court yet.

Add into that royal mail are under a lot of pressure due to more people being at home and ordering 'goods' to pass the time, plus they also have staff shortages.

Things are taking longer than normal and delays are to be expected.

*Apologies, had read a thread about probate before replying to this one. It should read power of attorney and office of public guardian or equivalent, unless it's the POA giving the solicitors or someone else to act then it's a certified copy of the original.

davidmcn

MovingForwards said:

A physical grant of probate (possibly a physical certified copy) needs to be received by your solicitors before being able to complete the purchase. That's if the sellers have even received it from the Probate Court yet.

OP is talking about power of attorney, hopefully nobody has died. 

AdrianC

TripleH said:

It's the lack of information that is the most frustrating part about selling. When my wife sold her old flat, there was a long delay where we heard nothing. Turned out the buyer had recently changed jobs and needed 3 wage slips for the mortgage. It would have been better if we had been told that there was a delay because x, because you don't know if the silence is because the buyer has pulled out or there is a genuine reason.

Think about how that information would reach you.

Does your solicitor know that's where the delay is? No.
Does their solicitor know that's where the delay is? Not necessarily.
Does the EA know that's where the delay is? Not necessarily.

So you're reliant on the buyer themselves bothering to pass the information on.