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Silence from vendor/vendor's solcitiors

Hi guys
The agent was incessant and relentless in ensuring I was all over my solicitors to get my case opened and the request for draft contracts to the vendor's solicitors.
I kept my end of the deal, pestered my solicitors and got the case set up and request for drafts up and running within 10 days.
It's now been 16 days since the initial request from my solicitors to the vendor's, requesting the draft papers and my solicitors haven't heard a peep back.

The agent says he has reminded the vendor's solicitors 3 times already and been told on each occasion that they have indeed been sent (although he has no proof, as he hasn't been BCCd).

I just wanted to know if this sounds like normal games and whose side might be responsible for the silly-games here and to what end?
Breaking it down, it can be one or more of the following:
- My solicitors are outright lying and they HAVE received the draft papers
- Vendor's solicitors are outright lying (to the Agent) and the papers haven't actually been sent 
- Agent is lying and is fully aware that the vendor's solicitors haven't sent anything

Appreciate everyone's thought son this. Maybe I'm overreacting :).

Thanks!

Z

«134

Comments

  • Tiglet2
    Tiglet2 Posts: 2,691 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    Before the vendor's solicitors can send the draft papers to yours, they need the vendor to fill out and send back all the various forms - including ID, Fixtures & Fittings, Property Info Form and any certificates/warranties as well as transfer some initial monies so that Land Registry documents can be obtained.  A lot depends on when the vendor instructed their solicitor and how quickly they sent out paperwork to the vendor for completion and return.  Once they have the completed paperwork and the Land Registry documents, they can then be forwarded to your solicitor.  In reality, it's good you did your part quickly but it also needs the input from the vendor. 

    The chain moves according to the slowest cog in the wheel.  Be patient.
  • Surrey_EA
    Surrey_EA Posts: 2,048 Forumite
    Tenth Anniversary 1,000 Posts
    or D - The vendor's solicitors have sent the contract papers by email, with attachments. For some reason the email was scooped up by your solicitor's spam filter of some sort. It would hardly be the first time this has happened.

    It doesn't always follow that someone is lying.
  • AskAsk
    AskAsk Posts: 3,048 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    your solicitor would not be lying as they don't do that.  as solicitors they won't tell you an outright lie, but they would skirt around issues or not reply at all.  so if they say they haven't received the contract pack, then they haven't done so.

    it could be the delay on the seller side.  their solicitors may need upfront money from them before they will start the work and they haven't paid this.  as someone had said, their solicitors may need to verify their ID and fraud before accepting the work.  the vendor could be delaying their solicitors until certain conditions have been satisfied by you.

    16 days does sound a long time, so speak to your estate agent and ask them to chase.  the estate agent is much better at chasing than your solicitors.
  • Thanks, guys - I didn't think of these edges in my narrow and scathing assessment :D! Lesson learned (again!).
    So more likely scenarios:

    1 Seller hasn't yet organised the necessary paperwork and/or fees for their solicitors to send the draft contracts over 
    2 Draft contracts have been sent but got lost in the ether/spam

    Regarding possible scenario #1 above, it WOULD have been a lie on the agent's part if he has categorically said that the vendor's solicitors HAD sent the drafts though, right? But this cannot be corroborated by my solicitors because the vendor's solicitors aren't responding to anything.

    Perhaps I'll get my solicitors to call theirs and straighten it out that way? Instead of/as well as emails?
  • AskAsk said:
    your solicitor would not be lying as they don't do that.  as solicitors they won't tell you an outright lie, but they would skirt around issues or not reply at all.  so if they say they haven't received the contract pack, then they haven't done so.

    it could be the delay on the seller side.  their solicitors may need upfront money from them before they will start the work and they haven't paid this.  as someone had said, their solicitors may need to verify their ID and fraud before accepting the work.  the vendor could be delaying their solicitors until certain conditions have been satisfied by you.

    16 days does sound a long time, so speak to your estate agent and ask them to chase.  the estate agent is much better at chasing than your solicitors.
    I am chasing the agent and the agent has said on 3 occasions that the papers have been sent but will go back to them to re-send and/or light a fire... But so far nothing gets done and as alluded to, I don't know where in the process the problem is...

    Is it actually the sending that is failing, or the vendor not doing their bit?
  • I guess the question is.. Is16 days a long time and how hard shall I start to apply pressure to the agent to get to the bottom of this, without risking burning bridges etc?
    At some point, the question will need to be seriously addressed, but when is that point?
  • AskAsk
    AskAsk Posts: 3,048 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    AskAsk said:
    your solicitor would not be lying as they don't do that.  as solicitors they won't tell you an outright lie, but they would skirt around issues or not reply at all.  so if they say they haven't received the contract pack, then they haven't done so.

    it could be the delay on the seller side.  their solicitors may need upfront money from them before they will start the work and they haven't paid this.  as someone had said, their solicitors may need to verify their ID and fraud before accepting the work.  the vendor could be delaying their solicitors until certain conditions have been satisfied by you.

    16 days does sound a long time, so speak to your estate agent and ask them to chase.  the estate agent is much better at chasing than your solicitors.
    I am chasing the agent and the agent has said on 3 occasions that the papers have been sent but will go back to them to re-send and/or light a fire... But so far nothing gets done and as alluded to, I don't know where in the process the problem is...

    Is it actually the sending that is failing, or the vendor not doing their bit?
    unfortunately the estate agent is the biggest liar in the process, so whatever he says, you have to take with a pinch of salt.  unlike the solicitors, the estate agent will have no hesitation in telling you an outright lie.

    it does however seem odd that he says the solicitors had sent out the contract pack when it hasn't been sent.  we did have a sale where the contract pack went missing as our solicitors claim to have sent it out but the other side claimed not to have received it and our solicitors had to send it out again.  i have no idea if they send the paper in the post or whether it was an email as nowadays everything is done by email.

    if you still haven't heard anything after a month, then it may be time to look for another property as the seller is playing games with you.
  • FTB_Help
    FTB_Help Posts: 336 Forumite
    100 Posts First Anniversary Name Dropper
    Stop chasing the EA, cut out the middle man more often than not they're giving stalling tactics, if you have contact details for your vendor maybe drop them an email to see what the hold up is.
  • frogglet
    frogglet Posts: 773 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    We had a problem with a large file sent to our solicitors. Their outdated system just wouldn't download  huge files/ the format the file was sent in.
  • FTB_Help said:
    Stop chasing the EA, cut out the middle man more often than not they're giving stalling tactics, if you have contact details for your vendor maybe drop them an email to see what the hold up is.
    Is this actually an option? I assumed it unconventional and borderline rude, but I don't know why I felt that way.
    Is this actually acceptable then?

    Thanks,
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