Changing conveyancer mid purchase

ajbeats17

Hi all,
A very long story short, our current property solicitor has been working with us for nearly 18 months and in that time it looks like we will have failed to Exchange on 2 properties.

There are a few issues but the main one is: “5.  This is my main concern, there is a mortgage registered over the land and restrictions that need to be complied with in order for us to register you as the legal owners, and to register your mortgage. It is standard practice that a solicitor would give undertakings to provide the necessary documentation in order for this to be achieved, and to refuse to do so, is a concern. An undertaking is a promise that something will be done, and I will absolutely require these undertakings in order to commit you to exchange”

The developers solicitors insists it is all available on the land registry portal but our solicitor isn’t satisfied with that. So we are at a stalemate.

What I don’t understand is 2 other people have completed on the same development so surely their solicitors must have found this satisfactory.

So is the decision now whether we change representation or not? 

Any advice would be so welcomed now. It’s been a horrible 18 months. 

GDB2222

You mean that two other buyers have had negligent solicitors. So, now you want to go in search of one, too?

AdrianC

ajbeats17 said:

There are a few issues but the main one is: “5.  This is my main concern, there is a mortgage registered over the land and restrictions that need to be complied with in order for us to register you as the legal owners, and to register your mortgage. It is standard practice that a solicitor would give undertakings to provide the necessary documentation in order for this to be achieved, and to refuse to do so, is a concern. An undertaking is a promise that something will be done, and I will absolutely require these undertakings in order to commit you to exchange”

The developers solicitors insists it is all available on the land registry portal but our solicitor isn’t satisfied with that.

You mean the developer's solicitor won't make that undertaking? The question there has to be "why not?"

Basically, your solicitor seems to be saying "There's a charge registered, and the other side aren't saying they'll remove it. That might leave you unable to register the property". Either your solicitor is downright wrong, in which case why are the other side simply saying "It's all online, mate" - or your solicitor is doing his job properly.

GDB2222

@AdrianC is of course absolutely right, and please forgive my little jokelet above. The matter is quite serious, and I should not joke.

The point is that it is absolutely standard for the vendor's solicitor to undertake to redeem any mortgage on completion, and you have to wonder why they are refusing to do so. 

ajbeats17

Thank you for those responses and they somewhat echo mine but it’s such a tough choice having been embroiled in this whole process for months, at high cost, to no avail. 

Am I then right in assuming that the people who have used ‘negligent’ solicitors to complete could be liable should there be a charge? Or would it fall on the legal team that advised them?

davidmcn

ajbeats17 said:

Am I then right in assuming that the people who have used ‘negligent’ solicitors to complete could be liable should there be a charge? Or would it fall on the legal team that advised them?

Initially on them, potentially recoverable from their solicitors. I mean, it's very unlikely to happen, the point is they're not getting the guarantee that it won't.

GDB2222

I suggest that you get back to your sellers, and tell them that there’s a problem with their solicitor. Ask them to find out what the issue is and sort it out at their end.

Oh, and the fact that two other people bought means nothing. Perhaps they did get the undertaking, and since then the vendor has run out of money?

ajbeats17

Thank you.

I’ve gone back to the sellers multiple times to discuss this and they’ve ‘moved it up to chain’ as it were. Basically their solicitors stand point is it’s available on the portal, we don’t need to do anything further. 

Quite where this leaves us is anyone’s guess. I just find it astonishing that a developers solicitors don’t/won’t satisfy this one thing to then exchange. Makes you wonder.