Searches before draft contract

Gotkeys

I had an offer accepted in November.

My solicitor has not started searches yet as they have not received a draft contract from the vendors solicitor. Their estate agent says this has been sent twice now. Is there any reason my solicitor can not start searches before they receive the contract?

Is it normal to take so long to send a draft contract? Has my vendor got a slow solicitor? Have I got a stalling vendor?

Sotts

I instructed my solicitor to start searches as soon as I put my offer in.  Searches can take 3-4 months in some areas.   We had the contract ready to sign before the searches come back.  

Thrugelmir

Does your vendor have an onward purchase? 

princeofpounds

The solicitor is just trying to save you money in case the other side never send a draft contract, or send a contract but it turns out to apply to another property title than the one you told them. But they don't have to be done in series. 

It is not normal to take ages to send a draft contract. It's very basic - standard terms, then the address, the price, a few other basic things. The real meat is the Sellers Property Information Form, enquiries etc. which come later. 

November? Either it was never sent, or one of the solicitors (most likely the vendor) is messing up. But you won't be able to get any insight into precisely where. 

Double-check with your own solicitor and apply pressure to the EA. If they say it has been sent twice, tell them to push back on their client and their solicitor, because it hasn't been received even once.

JessJ23425

Gotkeys said:

I had an offer accepted in November.

My solicitor has not started searches yet as they have not received a draft contract from the vendors solicitor. Their estate agent says this has been sent twice now. Is there any reason my solicitor can not start searches before they receive the contract?

Is it normal to take so long to send a draft contract? Has my vendor got a slow solicitor? Have I got a stalling vendor?

Our solicitor originally did the same. She actually required that as she wanted property details confirmed via the contract not just a sales memo.

No it's not normal, we've had it the next day or same week on 3 properties we went for.

Gotkeys

Thrugelmir said:

Does your vendor have an onward purchase? 

He does, but there is an upward chain. He has said he is willing to break it though. 

Our buyers are starting to push for completion, and it feels we haven't even started our onward purchase. Our vendors solicitor has very good reviews online, I cant imagine it would go missing twice. Starting to think we have got a vendor who doesn't want to move.

princeofpounds

Gotkeys said:

Our buyers are starting to push for completion, and it feels we haven't even started our onward purchase. 

You haven't, unfortunately. 

Ask your solicitor to call or email their solicitor to request where the draft contract is. See what they reply with.

Gotkeys

princeofpounds said:

Gotkeys said:

Our buyers are starting to push for completion, and it feels we haven't even started our onward purchase. 

You haven't, unfortunately. 

I know, we have had our survey done!

Our solicitor says the vendors solicitor is a nightmare to get hold of and will chase again today. Hopefully (!) it's a slow solicitor rather than an unmotivated seller.

Thrugelmir

Gotkeys said:

Thrugelmir said:

Does your vendor have an onward purchase? 

He does, but there is an upward chain. He has said he is willing to break it though. 

Most likely stalling until the chain is definitely in place then. No point in incurring costs until then. 

davidmcn

Gotkeys said:

Is there any reason my solicitor can not start searches before they receive the contract?

None really, other than the risk of wasting your money if the transaction doesn't proceed. Given how long searches seem to take, I'd just be getting on with it in the meantime.

Seashell517

Have you asked how long searches are likely to take for the area that you're buying in? I'd be considering that when figuring out whether to order them at risk.

(I had my offer on a property accepted on Xmas eve, but conveyancer didn't work between Xmas and NY, and I received the searches and the report on them in the post today, so some places it doesn't take that long...)