Who should I chase EA or Solicitor?

TWIGLET1234

Got our formal offer after a very long (felt like a lifetime)  six week wait on Friday last week...hooray!
My solicitor is expecting searches back this week, and has also sent some enquiries to seller solicitor to which he is awaiting responses. 
There is no chain.
We don't have an estimated completion date yet although I have hinted that I would like one to both my solicitor and the Estate Agent. Am I too early to be making a firm request for a date? And who should I be chasing for this, my solicitor or the EA?

motherofcats

Solicitor, I should imagine

loubel

It's too early to discuss dates really, unless you aren't planning on completing for quite some time and need to let people know that. Once your  solicitor has the search results and replies to their enquiries (assuming all are ok) they will report to you on the property and get you signed up in preparation for exchange of contracts. It is at that point that completion dates can be usefully discussed. There are too many unknowns at this stage.

greatcrested

Solicitor. But it's early days.

By all means let him know if you have a preferred date.

Also whether you want to Exchange/Complete same day or want a gap. If gap, how long? 1 week? 2? 4?

Preference for day of the week to Complete? Many people like Fridays as it gives them the weekend to settle in, but the downside is a) solicitors are always busy on Fridays so things can take a bit longer and b) if anything goes wrong (money not arrived from mortgage lender? seller gets sick/can't move?) it can't be sorted out next day but has to wait till Monday. So some people opt for mid-week.

And if you have a holiday booked (Haha!) or other days that you cannot do, let him know that too.

eddddy

I'd speak to the EA first.

Ask the EA to ask the seller what completion date the seller is hoping for, and/or any constraints the seller has. For example, the seller might say:

• As soon as possible
• It has to be during a school holiday
• Once my new place is ready - which will probably be early September
• Not until after my niece's wedding
• etc, etc, etc

Then add in your own constraints, and then you and the seller can tell your solicitors the suggested dates/constraints.

Completion cannot happen until the solicitors are ready - so your solicitor may reply saying "no chance" or "I'll do my best". Then you can keep the discussion going with the EA/seller.

heston2014

In a similar dilemma, our seller placed a “special condition” when they accepted our offer with a “end of July completion” - which was just over 5 weeks from offer being accepted. We then instructed our solicitor to request searches which they did beginning of July and told us couple of weeks ago that it’ll be due back on Tuesday. This was in line with the local authority timelines of 15-20 days for searches. Then we don’t hear back from our solicitor, I chase for an update and now told searches due back 30th July! So naturally, I panic! I emailed back and try to calling my solicitor to get an update, every time I email, no response. Then out of the blue, once a week, solicitor emails with an update. So anyway, as the estate agent insisted we used their own conveyancing services to ensure we meet the seller’s completion date, I have now complained to them about their solicitor. I also escalated matters within the firm and hoping to get things moving along next week! 

We have provided everything we’ve been asked for, mortgage offer in place, so my suspicion is that our solicitor is not chasing up for updates frequent enough hence, when I asked for an update, she comes back with the 30 July for our searches!
In this scenario, we are chasing both but putting the onus on the Estate Agent given that they insisted we used their solicitor which by they way is more expensive! So we will see tomorrow if things will improve!

There is no rush from our side to complete as it is a second home but as the seller wants to complete ASAP, we are going along with it but if there are delays due to searches and outstanding enquiries then all we can do is keep following up with our solicitor to get things moving. Personally, I think it’s an ambitious completion date but not impossible once searches and queries have been addressed. We will see.

Tiglet2

heston2014 said:

In a similar dilemma, our seller placed a “special condition” when they accepted our offer with a “end of July completion” - which was just over 5 weeks from offer being accepted. We then instructed our solicitor to request searches which they did beginning of July and told us couple of weeks ago that it’ll be due back on Tuesday. This was in line with the local authority timelines of 15-20 days for searches. Then we don’t hear back from our solicitor, I chase for an update and now told searches due back 30th July! So naturally, I panic! I emailed back and try to calling my solicitor to get an update, every time I email, no response. Then out of the blue, once a week, solicitor emails with an update. So anyway, as the estate agent insisted we used their own conveyancing services to ensure we meet the seller’s completion date, I have now complained to them about their solicitor. I also escalated matters within the firm and hoping to get things moving along next week! 

We have provided everything we’ve been asked for, mortgage offer in place, so my suspicion is that our solicitor is not chasing up for updates frequent enough hence, when I asked for an update, she comes back with the 30 July for our searches!
In this scenario, we are chasing both but putting the onus on the Estate Agent given that they insisted we used their solicitor which by they way is more expensive! So we will see tomorrow if things will improve!

There is no rush from our side to complete as it is a second home but as the seller wants to complete ASAP, we are going along with it but if there are delays due to searches and outstanding enquiries then all we can do is keep following up with our solicitor to get things moving. Personally, I think it’s an ambitious completion date but not impossible once searches and queries have been addressed. We will see.

A number of points to consider:
1.   Sellers and buyers instruct their own solicitors to undertake the legal work in disposing and acquiring a property.  The solicitors, in doing the job they are paid to do, do not and cannot work to a "deadline" imposed by a client, unless of course the buyer is prepared to complete without half of the work being done.  Therefore an "end of July completion" 5 weeks after the offer was accepted is very likely to be unrealistic.
2.  Searches are taking 3-4 weeks on average and at the moment, with many staff at solicitors, lenders, search agents, managing agents and councils working from home or furloughed, resources are strained, which has a knock-on effect on all parties involved in a transaction.
3.  Never use an estate agent's recommended solicitor - the estate agent is getting a referral fee and the fees EAs charge are being paid by their client, the seller.  It's everything to do with money and nothing to do with how good they are.
4.  Solicitors are not being paid to chase all parties.  They do the legal work.  The EA does the chasing.  Where third parties are involved, the solicitor cannot force them to respond immediately.  A solicitor may chase when things haven't been moving along for a while, but generally they won't chase everything every week.
5.  Enquiries can take some time.  Sellers and their solicitor don't always answer satisfactorily and then the enquiries have to be raised again and again.  If there is a leasehold element or a managing agent or any breaches of covenant or planning issues or something revealed on the searches, then the enquiries will take more time than a straight forward freehold property that has had no alterations.
6.  Take the "deadline" with a pinch of salt.  It is merely a desire.  If you have not held up the transaction in any way, then the sellers cannot complain that not meeting the deadline was down to you.  Solicitors hear about clients' "deadlines" all the time - if it can be achieved, great.  If not, does a few extra weeks really matter?

eddddy

heston2014 said:

In a similar dilemma, our seller placed a “special condition” when they accepted our offer with a “end of July completion” - which was just over 5 weeks from offer being accepted. We then instructed our solicitor to request searches which they did beginning of July and told us couple of weeks ago that it’ll be due back on Tuesday. This was in line with the local authority timelines of 15-20 days for searches. Then we don’t hear back from our solicitor, I chase for an update and now told searches due back 30th July! So naturally, I panic! I emailed back and try to calling my solicitor to get an update, every time I email, no response. Then out of the blue, once a week, solicitor emails with an update. So anyway, as the estate agent insisted we used their own conveyancing services to ensure we meet the seller’s completion date, I have now complained to them about their solicitor. I also escalated matters within the firm and hoping to get things moving along next week! 

We have provided everything we’ve been asked for, mortgage offer in place, so my suspicion is that our solicitor is not chasing up for updates frequent enough hence, when I asked for an update, she comes back with the 30 July for our searches!
In this scenario, we are chasing both but putting the onus on the Estate Agent given that they insisted we used their solicitor which by they way is more expensive! So we will see tomorrow if things will improve!

There is no rush from our side to complete as it is a second home but as the seller wants to complete ASAP, we are going along with it but if there are delays due to searches and outstanding enquiries then all we can do is keep following up with our solicitor to get things moving. Personally, I think it’s an ambitious completion date but not impossible once searches and queries have been addressed. We will see.

It's probably best to start a new thread with a new question.

But what you describe is all part of "the game" of buying and selling property - it's best not to get stressed about it.

The EA will be on your side. They want you to buy the property so that they get their fee, so the EA will be busy calming the seller down, and assuring them that everything is OK.

And realistically, the seller's only alternative is to find another buyer. And even if they managed to find one immediately, the conveyancing process would start again at day 1. So it would still be quicker to wait for you.

Out of interest, why is the seller looking for a quick completion?

heston2014

Thanks @Tiglet2 and @eddddy for the comprehensive explanation. This is really helpful and to be honest, we would be very surprised if we completed at the end of July given the current situation with limited staff and generally getting things in order on the legal side of things.

The seller had a previously sale fall through and the property has been vacant for 7 months now, if not longer. It was also listed quite high which is probably why it hasn’t sold, and our offer was accepted which was 50k under asking on the basis that they wanted a quick completion. We made the offer on the basis that we are no chain and also house requires some work. Valuation came back 25k above our offer btw and with the works, glad we didn’t offer any higher.

Estate Agent reckons a few days delay won’t be an issue and they will keep the vendor happy, but I guess as we were initially told the condition, we felt pressured to make sure that we progress things as quickly as we can from
our end. We went through a stressful couple of weeks making sure mortgage was sorted and just feel like there’s no real urgency to complete by that date when obviously we’re waiting on searches and enquiries (from seller) which are beyond our control. We were expecting our solicitor to chase up and provide us with an update which to a certain extent, she’s doing. But she hasn’t responded to any of our queries and we can’t get hold of her by telephone. When we call, then she emails. So we then try to engage with her via email, then no response. So as you can imagine, it’s frustrating especially when her latest update tells us searches are due back on the 30th when initially she said 21st! 

We have escalated it both to the EA and the partner who has overall conduct of the matter and should be getting an update tomorrow. Hopefully, it’s just an unnecessary panic and things are progressing at the right pace. If we complete by end July, great. If not, as long as we exchange sooner than later then completion and move in date doesn’t have to happen soon. Oh the joys of house buying! 🤦🏻‍♀️

eddddy

heston2014 said:

The seller had a previously sale fall through and the property has been vacant for 7 months now, if not longer. It was also listed quite high which is probably why it hasn’t sold, and our offer was accepted which was 50k under asking on the basis that they wanted a quick completion. 

So "end of July" was just a date picked out of the air - it has no real significance. (Nothing bad will happen to anyone if it's missed.)

TBH, I suspect it was partly a psychological thing to make the sellers feel better about accepting an offer £50k below the asking price.

i.e. You've won one battle by making them accept £50k below asking price, so they wanted the consolation of winning another battle by dictating timescales.

heston2014

eddddy said:

heston2014 said:

The seller had a previously sale fall through and the property has been vacant for 7 months now, if not longer. It was also listed quite high which is probably why it hasn’t sold, and our offer was accepted which was 50k under asking on the basis that they wanted a quick completion. 

So "end of July" was just a date picked out of the air - it has no real significance. (Nothing bad will happen to anyone if it's missed.)

TBH, I suspect it was partly a psychological thing to make the sellers feel better about accepting an offer £50k below the asking price.

i.e. You've won one battle by making them accept £50k below asking price, so they wanted the consolation of winning another battle by dictating timescales.

That’s exactly what we think, plus the EA keeps saying “you got a really good price”! So we think they’ve probably put the idea to the seller! 🤦🏻‍♀️