Outstanding enquiries

jimjam83

Hi all, we are FTB and the end is in sight. However, our solicitor has told us that the vendors solicitor has not responded appropriately to two enquires; one is regarding the draft transfer and the other is regarding covenants. These terms mean nothing to me...! The vendors solicitors have said their responses won't change and our solicitors have said they woulnd't recommend moving forward until the enquiries have been appropriately addressed. So it appears we've reached an impass. Apparently the enquiries are standard and our solicitors have said that it would be very foolish for them to stop the process where it is as everything else has been completed. 
Can anyone shed some light as to why the solicitor is being difficult about these two enquiries?!

greatcrested

The transfer is the document (TR1) that will legally transfer ownership from the seller to you. Ask your solicitor what is wrong with the draft (or look at the copy you should have been sent).

A covenant is some obligation, or right, that goes with the property. It could be anything eg

* the right to access your land via the neighbour's

* a prohibition against building a new property in the garden

Ask your solicitor which covenenat is the problem (or look at the title  documents he sent you!)

Without knowing the details we cannot advise you.

saajan_12

jimjam83 said:

Hi all, we are FTB and the end is in sight. However, our solicitor has told us that the vendors solicitor has not responded appropriately to two enquires; one is regarding the draft transfer and the other is regarding covenants. These terms mean nothing to me...! The vendors solicitors have said their responses won't change and our solicitors have said they woulnd't recommend moving forward until the enquiries have been appropriately addressed. So it appears we've reached an impass. Apparently the enquiries are standard and our solicitors have said that it would be very foolish for them to stop the process where it is as everything else has been completed. 
Can anyone shed some light as to why the solicitor is being difficult about these two enquiries?!

The draft transfer deed outlines how the transfer will take place, to carry out the contract. A covenant is just a promise or restriction, so need more info on what covenant / where this is located. 

You need to ask your conveyancer for more detail on why the responses are insufficient and the potential risks of continuing as is. In theory you can override your conveyancer for your own interest, but note they also act for the lender, so if the conveyancer advises the lender not to go ahead, you won't get a mortgage offer. Then you're left pushing the seller or pulling out. 

davidmcn

jimjam83 said:

Can anyone shed some light as to why the solicitor is being difficult about these two enquiries?!

No, without knowing exactly what the questions and answers are. Isn't your solicitor giving you any clues?

knightstyle

Be very careful and listen to your solicitor as without resolving these you may have trouble in the future when you want to sell.

princeofpounds

I can't imagine what they could have done to make an error on a transfer form that they wouldn't correct. It's mostly factual information like who the vendor is and what property it concerns. Maybe something to do with the title...

As for covenants - could be anything.

Echo the others - ask your solicitor specifically what the issues are. At the moment, it's a bit like telling you the car has failed its MOT without telling you why.