House in chain when completed

AdrianC

katiej3030 said:

Hi yes we exchanged we then received a letter from the solicitor that stated letter to confirm contracts exchanged and completion date of purchase is the 1st June. This is in bold letters but then there was covid. I have spoken to solicitor and all I have had from her in the past is I am chasing builders I have never had this situation before. Thanks for all your advice, I have left a message for an urgent callback and feel I have something to say back to her now at least to try get some answers. 

Then why on earth has your solicitor never chased up the lack of completion?

katiej3030

Unsure she always says she is chasing but it’s a difficult situation with covid and she has never had this before. I Call all the time and get the same answer. I have left a message for an urgent call back as I feel abit more equipped to ask these questions now after your guys advice. She didn’t even chase when my rental contract was up and there was a chance we could be homeless with 2 children we was lucky we had a reasonable landlord who now has us on a roll in contract. 

Flugelhorn

solicitor needs kick - they should have been leaning on the people to move out on June 1st. If it definitely said June 1st then the fact that the vendor's next house was not ready is irrelevant 

carefullycautious

Are you buying a new build or are you buying a house from someone who is waiting for a new build?

eddddy

If what you say is correct (you exchanged contracts, and the seller failed to complete), you probably need to speak to a litigation solicitor - as opposed to a conveyancing solicitor.

It's surprising that your solicitor didn't pass the file straight over to their litigation team as soon as the seller failed to complete. What type of solicitor's firm are you using? Is it a budget online service? A one-person firm?

davidmcn

eddddy said:

It's surprising that your solicitor didn't pass the file straight over to their litigation team as soon as the seller failed to complete. What type of solicitor's firm are you using? Is it a budget online service? A one-person firm?

And are they in any way connected with the solicitor acting for the vendor (or the developer)?

warby68

From what you have said so far there is either a large gap in understanding or your solicitor seems to have failed to adequately protect your interests. Something should have happened when completion failed to take place in June. You should insist that your solicitor put in writing exactly where you stand and how the position will be resolved - you wish to either complete before mortgage offer expiry or cancel with no cost to yourselves for example.
I wonder if you have been  inadvertently coaxed along to agree to no action because of the situation but haven't really understood what was happening. Perhaps the developer's solicitor is also pulling strings and putting pressure on yours if a smaller, less experienced firm or individual.
It needs to be brought to a head as you have a non-negotiable deadline and are not (seemingly) at any fault, the fobbing off needs to stop. I'd go to the senior partner in writing immediately. June was months ago for heaven's sake!

katiej3030

No the house we are buying is not a new build. The sellers are buying a new build. It definitely states the 1st June. It’s a solicitors firm that is in the centre of town it was recommended by the estate agent we are buying through so it may have some link to who the sellers solicitors I am not sure. It is quite a big firm. Everything I rang the solicitor she has said the same thing I have just never been in this situation with covid. At one point I asked if they would ask the sellers to move out, this was due to our rental being up and they said they couldn’t they would have no where to go. She never chased it further. I have read it through and it dosnt even mention the builders of just states completion 1st June. 

katiej3030

I will ask her when she calls back, which I think will be monday now, why this hasn’t been passed to the litigation team. I was just lost it’s are first time buying a house and have just felt helpless not knowing the rules 

warby68

Please put it in writing (email would be fine) and ensure senior partner is at least copied in. You do not need to wait for the call back, you can have it waiting for everyone on Monday morning.
Covid might prompt some unusual arrangements and agreements but these have to be entered into knowingly by all the parties, not just leave something on the 'too hard' pile forever because your client doesn't know enough to kick up a fuss.