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Solicitors out there - is this normal???

Hello,

We, like others buying a new build were advised to use a particular solicitor. We did and we have chased things through in terms of the info we wanted back and confirmation of work that we wanted doing before exchange.

The paperwork has now arrived ready for exchange with the price agreed in pencil...is this normal? All the details on there are in pencil - so in essence we are signing a blank form...and that really doesn't seem right.

Is that normal?

Thanks,
Ww

Comments

  • Pennywise
    Pennywise Posts: 13,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Firstly, you should NEVER use a solicitor recommended by the builders or their estate agents. It is a clear conflict of interest - how can they give you impartial advice, possibly including acting for you in case of dispute, if they are in any way linked to the other party?

    Anyway, you have.

    Never sign anything in pencil. Send it back and ask for the important points to be typed in properly, or rub it out and write in the correct words/amounts in ink and sign each amendment. It sounds as if they have sent out their draft form instead of having one of their secretaries type it up properly.

    Funnily enough, in theory, pencil is better than ink as it can be scientifically analysed and proved even after it has been erased, but in practical terms, it is a non-starter because of the cost of such scientific analysis and is out of the reach of us mere mortals.
  • RabbitMad
    RabbitMad Posts: 2,069 Forumite
    My sols explained that the completion date was in pencil so that it could be amended up until the point of exchange.

    Once you've signed the contract the sols won't actually exchange until you give the go ahead and everything has been sorted out.
  • cattie
    cattie Posts: 8,841 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I know there were some details in pencil on my contract, although to be honest I'm not sure exactly what they were now.
    The bigger the bargain, the better I feel.

    I should mention that there's only one of me, don't confuse me with others of the same name.
  • iIts quite noraml for dates to be in pencil or left blank so dont worry.

    Whatever you do dont ink them in or you will invalidate the contract

    even if builder recomnended the solicitor is still acting in your interest and the builder will have a different solicitor so dont worry about this either

    in fact its a good sign that your solicitor is doing things in readiness so many are incapable of anticiapting anything and thats why the process is so agonisingly long

    good luck
    I found my eutopia tee hee I live in canada yeehaa!
  • SquatNow
    SquatNow Posts: 2,285 Forumite
    I just think you're nuts for buying a new-build!

    I hope you got at least the standard 40% discount.
    Bankruptcy isn't the worst that can happen to you. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts.
  • guppy
    guppy Posts: 1,084 Forumite
    Part of the Furniture Combo Breaker
    SquatNow wrote: »
    I just think you're nuts for buying a new-build!

    I entirely agree. Sorry. Why not look out for a repossessed nearly new one in a slightly older block. Loads where I live.
  • Wizwoo
    Wizwoo Posts: 675 Forumite
    Part of the Furniture Combo Breaker
    I agree - we are nuts buying a new house :confused: but to buy a more traditional property in the area that we're looking at would have meant a poor location or a tiny 2 bed house with a back yard (and I love my garden). The market there is still fairly buoyant.

    We did get a 20% discount from the original price and they are paying the stamp duty.

    The thing about the contract is that the whole thing is written in pencil (including our names and the price). I think I will replace the details in ink (I'm fine to do so according to the solicitor).

    thanks for all your help and comments...glad I asked :o
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