Seller solicitor taking too long to respond

dipesh010

davidmcn said:

It's not clear exactly what "paperwork" you're talking about (and maybe you don't know), but bear in mind that the sellers' solicitor isn't necessarily going to have instant access to everything your solicitor wants to see - if they need to order copies from other parties, that takes time, and nobody is working any faster than normal at the moment.

All i know he did not send lease, rear entrance, some pack etc.. paperwork (almost half). He confirmed the property contract they call it was sent 2 months a go. Its his responsibility to make sure all the basic paperwork are sent. I dont think COVID affects seller/buy solicitors as both are work from office 

greatcrested

dipesh010 said:

davidmcn said:

It's not clear exactly what "paperwork" you're talking about (and maybe you don't know), but bear in mind that the sellers' solicitor isn't necessarily going to have instant access to everything your solicitor wants to see - if they need to order copies from other parties, that takes time, and nobody is working any faster than normal at the moment.

All i know he did not send lease, rear entrance, some pack etc.. paperwork (almost half). He confirmed the property contract they call it was sent 2 months a go. Its his responsibility to make sure all the basic paperwork are sent. I dont think COVID affects seller/buy solicitors as both are work from office 

Ah! In that case you have two options:

1) be patient. Accept that property purchases always take longer than seems necessary and longer than you want

2) start looking for a new property

dipesh010

davidmcn said:

dipesh010 said:

greatcrested said:

dipesh010 said:

greatcrested said:

You have two choices:

1) be patient. Accept that property purchases always take longer than seems necessary and longer than you want

2) start looking for a new property

I am concern that the seller might pull out and want to put this house on market again.

That's always a possibility whatever speed the process goes at

If I engage with the seller solicitor is thats okay?

No. You are not his client. He will not respond to you.

I cant go with 2nd option I already spent money paying my lawyer and wasted my time here.

Then that leaves option 1

If things dont go according to the plan then can i claim back my money for searches, lawyer and my time as its lawyers fault not my

No. Until Exchange of Contracts there is no contract so neither side can claim anything from the other. That's the whole point of Exchanging the Contract.

No. You are not his client. He will not respond to you.

You are correct but my lawyer cannot move forward because his being negligent. He responds to estate agent who is not his client so he should be able to respond to a buyer too if I cc my lawyer to as they usually talk?  

No, solicitors are not allowed to talk directly to other solicitors' clients. The estate agent is not another solicitors' client, they're another professional engaged by the seller.

So your saying only professional bodies are allowed to talk to the buyer/seller solicitor? i am paying almost 2k and all i am getting is 'we are working on it...' 
I've looked around and according to this post: https://forums.moneysavingexpert.com/discussion/5861179/seller-pulled-out-of-house-sale-as-the-solicitor-took-too-long it says peopler can make formal complain to both solicitor?  

dipesh010

Slithery said:

dipesh010 said:

greatcrested said:

dipesh010 said:

greatcrested said:

You have two choices:

1) be patient. Accept that property purchases always take longer than seems necessary and longer than you want

2) start looking for a new property

I am concern that the seller might pull out and want to put this house on market again.

That's always a possibility whatever speed the process goes at

If I engage with the seller solicitor is thats okay?

No. You are not his client. He will not respond to you.

I cant go with 2nd option I already spent money paying my lawyer and wasted my time here.

Then that leaves option 1

If things dont go according to the plan then can i claim back my money for searches, lawyer and my time as its lawyers fault not my

No. Until Exchange of Contracts there is no contract so neither side can claim anything from the other. That's the whole point of Exchanging the Contract.

I should get my money back? what if i have not paid my lawyer and before the contract exchange the seller pulls out do i still pay my lawyer? 

You won't get your money back. Yes, you do still have to pay your solicitor.

Thanks - a follow up question; if a seller want to pull out and put the property back in market does he have to pay extra? 

Slithery

dipesh010 said:

Slithery said:

dipesh010 said:

greatcrested said:

dipesh010 said:

greatcrested said:

You have two choices:

1) be patient. Accept that property purchases always take longer than seems necessary and longer than you want

2) start looking for a new property

I am concern that the seller might pull out and want to put this house on market again.

That's always a possibility whatever speed the process goes at

If I engage with the seller solicitor is thats okay?

No. You are not his client. He will not respond to you.

I cant go with 2nd option I already spent money paying my lawyer and wasted my time here.

Then that leaves option 1

If things dont go according to the plan then can i claim back my money for searches, lawyer and my time as its lawyers fault not my

No. Until Exchange of Contracts there is no contract so neither side can claim anything from the other. That's the whole point of Exchanging the Contract.

I should get my money back? what if i have not paid my lawyer and before the contract exchange the seller pulls out do i still pay my lawyer? 

You won't get your money back. Yes, you do still have to pay your solicitor.

Thanks - a follow up question; if a seller want to pull out and put the property back in market does he have to pay extra? 

No, they don't.

davidmcn

dipesh010 said:

davidmcn said:

dipesh010 said:

greatcrested said:

dipesh010 said:

greatcrested said:

You have two choices:

1) be patient. Accept that property purchases always take longer than seems necessary and longer than you want

2) start looking for a new property

I am concern that the seller might pull out and want to put this house on market again.

That's always a possibility whatever speed the process goes at

If I engage with the seller solicitor is thats okay?

No. You are not his client. He will not respond to you.

I cant go with 2nd option I already spent money paying my lawyer and wasted my time here.

Then that leaves option 1

If things dont go according to the plan then can i claim back my money for searches, lawyer and my time as its lawyers fault not my

No. Until Exchange of Contracts there is no contract so neither side can claim anything from the other. That's the whole point of Exchanging the Contract.

No. You are not his client. He will not respond to you.

You are correct but my lawyer cannot move forward because his being negligent. He responds to estate agent who is not his client so he should be able to respond to a buyer too if I cc my lawyer to as they usually talk?  

No, solicitors are not allowed to talk directly to other solicitors' clients. The estate agent is not another solicitors' client, they're another professional engaged by the seller.

I've looked around and according to this post: https://forums.moneysavingexpert.com/discussion/5861179/seller-pulled-out-of-house-sale-as-the-solicitor-took-too-long it says peopler can make formal complain to both solicitor?  

I can't see that being said anywhere in that thread. And from the vagueness of the info you've given us, I can't see that the other solicitor is actually blameworthy here.

dipesh010

Slithery said:

dipesh010 said:

Slithery said:

dipesh010 said:

greatcrested said:

dipesh010 said:

greatcrested said:

You have two choices:

1) be patient. Accept that property purchases always take longer than seems necessary and longer than you want

2) start looking for a new property

I am concern that the seller might pull out and want to put this house on market again.

That's always a possibility whatever speed the process goes at

If I engage with the seller solicitor is thats okay?

No. You are not his client. He will not respond to you.

I cant go with 2nd option I already spent money paying my lawyer and wasted my time here.

Then that leaves option 1

If things dont go according to the plan then can i claim back my money for searches, lawyer and my time as its lawyers fault not my

No. Until Exchange of Contracts there is no contract so neither side can claim anything from the other. That's the whole point of Exchanging the Contract.

I should get my money back? what if i have not paid my lawyer and before the contract exchange the seller pulls out do i still pay my lawyer? 

You won't get your money back. Yes, you do still have to pay your solicitor.

Thanks - a follow up question; if a seller want to pull out and put the property back in market does he have to pay extra? 

No, they don't.

what if i find a new property and go back to same lawyer. Do i have to pay everything? I understand searches is something i have to repay 

Slithery

You will have to pay for their work on the new property as well as for all of the work they have already carried out for the first one.

dipesh010

davidmcn said:

dipesh010 said:

davidmcn said:

dipesh010 said:

greatcrested said:

dipesh010 said:

greatcrested said:

You have two choices:

1) be patient. Accept that property purchases always take longer than seems necessary and longer than you want

2) start looking for a new property

I am concern that the seller might pull out and want to put this house on market again.

That's always a possibility whatever speed the process goes at

If I engage with the seller solicitor is thats okay?

No. You are not his client. He will not respond to you.

I cant go with 2nd option I already spent money paying my lawyer and wasted my time here.

Then that leaves option 1

If things dont go according to the plan then can i claim back my money for searches, lawyer and my time as its lawyers fault not my

No. Until Exchange of Contracts there is no contract so neither side can claim anything from the other. That's the whole point of Exchanging the Contract.

No. You are not his client. He will not respond to you.

You are correct but my lawyer cannot move forward because his being negligent. He responds to estate agent who is not his client so he should be able to respond to a buyer too if I cc my lawyer to as they usually talk?  

No, solicitors are not allowed to talk directly to other solicitors' clients. The estate agent is not another solicitors' client, they're another professional engaged by the seller.

I've looked around and according to this post: https://forums.moneysavingexpert.com/discussion/5861179/seller-pulled-out-of-house-sale-as-the-solicitor-took-too-long it says peopler can make formal complain to both solicitor?  

I can't see that being said anywhere in that thread. And from the vagueness of the info you've given us, I can't see that the other solicitor is actually blameworthy here.

So you dont think he has only sent half of the paperwork to my lawyer and taking around 3 weeks to send the remaining paperwork is blameworthy (which he haven't done yet)? my lawyer has sent him an email requesting remaining paperwork which he claim he did not received so my lawyer resent and all of a sudden he received the 2nd email. His secretary told me via phone but he yet not reply back

greatcrested

dipesh010 said:

Slithery said:

dipesh010 said:

Slithery said:

dipesh010 said:

greatcrested said:

dipesh010 said:

greatcrested said:

You have two choices:

1) be patient. Accept that property purchases always take longer than seems necessary and longer than you want

2) start looking for a new property

I am concern that the seller might pull out and want to put this house on market again.

That's always a possibility whatever speed the process goes at

If I engage with the seller solicitor is thats okay?

No. You are not his client. He will not respond to you.

I cant go with 2nd option I already spent money paying my lawyer and wasted my time here.

Then that leaves option 1

If things dont go according to the plan then can i claim back my money for searches, lawyer and my time as its lawyers fault not my

No. Until Exchange of Contracts there is no contract so neither side can claim anything from the other. That's the whole point of Exchanging the Contract.

I should get my money back? what if i have not paid my lawyer and before the contract exchange the seller pulls out do i still pay my lawyer? 

You won't get your money back. Yes, you do still have to pay your solicitor.

Thanks - a follow up question; if a seller want to pull out and put the property back in market does he have to pay extra? 

No, they don't.

what if i find a new property and go back to same lawyer. Do i have to pay everything? I understand searches is something i have to repay 

You willpay for whatever work your solicior has done for you, both on the first and any subsequent property. Your solicitor does not spend time on your behalf for free.

The only exception would be if you had agreed a specific 'no purchase no fee' contract with your solicitor. That would have specific terms (eg you still pay disbursements, and it may only apply if the other party withdraws not you). You'd have to read your own contract.