Using newbuild developer's solicitor

greatcrested

If you miss the deadline the developer will have two choices

1) look for a new buyer (3 weeks?) negotiate a sale (2 weeks?) start the 28 day clock again? Total 8 weeks+

2) give you a bit more time and Complete in a further week or two.

Now I wonder which is the best option for them.....

Rony

Ah okay cool, that gives me a bit of breathing space. Of course I will try to make as much progress as possible. Thanks!

Annieak47

My 28 day period ended on the 4 March and we’re still proceeding (although not exchanged yet). My understanding is they will keep going as long as they can see things are ticking along. Another one for don’t use their solicitor. 

Robin9

A little white lie - "no thanks, my brother is a solicitor and he will do it for nothing".

UnderOffer

Rony said:

Oh gosh, seems the answer is pretty unanimous.
I'll call them tomorrow to change my solicitor then. That means I will have to research a good one today (any good recommendations people?). Also they did tell me I couldn't change before, so I will have to prepare a defense for that. 

Do you have any family, friends, work colleagues who have recently moved and can recommend a solicitor? I’d start there. 

princeofpounds

Rony - you did the right thing asking for advice. Pause and reflect for a moment - they have tried to force their solicitor on you. They have outright lied about your ability to change solicitor. They are implicitly threatening you with a 28 day so-called deadline to exchange (do NOT be pressured by this).

These are the sort of people you are dealing with - they saw you coming, a little naive, and they are taking advantage. If they are prepared to do all this, what else might they do or have done? They are not on your side, so just be wary and grow a backbone in case they try it again.

If I were you, I would take a long hard look at the lease, any ground rent or service charge clauses, and covenants. Look carefully into any parking space you may have, and what your real rights to it are - if it's not demised in the lease as your own space, you probably don't have the rights you think you do. You can bet your bottom dollar that they are going to sell the freehold on to an associated management company, and someone will try to milk you through it, at least a little. 

Rony

Ok thanks guys. So I called up today and the person I worked with wasn't there today and spoke to another person and she mentioned that it should be fine that I change solicitors. Can't believe the one that dealt with me lied to my face saying I couldn't change solicitors.

@princeofpounds The thing is I normally do stand my ground pretty well, however in this case I am just so out of my depth, I didn't have time to do research on new builds as the viewing came round so unexpectedly and bought on the day. I therefore had to think on my feet when they posed the question "We would recommend our solicitors...". I posited that it could be a good thing in that they have a lot of experience with the developer, but I did also question independence. In that moment I didn't know whether the lack of independence of the solicitor would outweigh the £1.2k in that as professional lawyers, surely they have a duty bound by their own codes. But I guess that's not what happens in reality.

Anyways, I researched some conveyance companies over the weekend and I am going to call in for quotes today! Excited

Thanks!

princeofpounds

Good job. There's a hundred things we could tell you, but make sure that you understand how snagging is going to work on a new build. 

AdrianC

Rony said:

Can't believe the one that dealt with me lied to my face...

Just remind me, this was a sales person trying to upsell you something on top of a very expensive purchase...? An upsell that will almost certainly bring increased commission, as well as make the main sale go more smoothly...?

Rony

AdrianC said:

Rony said:

Can't believe the one that dealt with me lied to my face...

Just remind me, this was a sales person trying to upsell you something on top of a very expensive purchase...? An upsell that will almost certainly bring increased commission, as well as make the main sale go more smoothly...?

But there is a difference between outright lying and twisting the truth. I understand perfectly that sales people are driven by commission so they will twist a lot of things in their favour. However when I ask a direct question as a customer, I would not expect them to actually answer with an incorrect answer.