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Sellers solicitor having problems regarding enquires

I’m selling and buying, my sale is ready to exchange but on the purchase the sellers solicitor is having problems regarding enquires.There were nine enquires and my solicitor sent back 4 enquires for further information. The sellers solicitor has contacted land registry for something according to the EA. The problem i think is the small garage at the back of the house. The garage is of nominal value so can I instruct my solicitor to exchange on the house only and deal with garage later on.
My house buyer is getting impatient having already returned contract weeks ago. I’m very worried and stressed.


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Comments

  • Tiglet2
    Tiglet2 Posts: 2,691 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 4 February 2021 at 1:33PM
    You can instruct your solicitor to exchange but if they do so, the seller's solicitor will not be obliged to deal with the garage later on.
    If you are obtaining a mortgage, the lender may require the problem to be rectified before releasing the mortgage monies.  
    Does the garage fall within the registered title of the property or is it on a separate title?
    More information needed to offer any appropriate advice.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Slips36 said:
    I’m selling and buying, my sale is ready to exchange but on the purchase the sellers solicitor is having problems regarding enquires.There were nine enquires and my solicitor sent back 4 enquires for further information. The sellers solicitor has contacted land registry for something according to the EA. The problem i think is the small garage at the back of the house. The garage is of nominal value so can I instruct my solicitor to exchange on the house only and deal with garage later on.
    My house buyer is getting impatient having already returned contract weeks ago. I’m very worried and stressed.
    Why are you getting stories from the EA rather than talking to your solicitor about what any problem and the risks actually are? Just because enquiries have been raised doesn't mean they're show-stoppers.
  • Slips36
    Slips36 Posts: 267 Forumite
    100 Posts Second Anniversary Name Dropper
    The problem I find with many conveyancer is they rarely speak to you or even explain what the enquires are. I have emailed my solicitor and he just answers back with still waiting for satisfactory replies. They won’t release the contract or TR1 form or local searches until right at the end with their title report.
    The garage is on a different title and deed. The sellers solicitor was unable to download the deed from the land registry so it causing further delay. He was going to see if has been delivered in the post today. There are 2 draft contracts which was emailed to me by the EA has my solicitor kept saying he hasn’t received them and the EA personally emailed to him and me. 
    The legal conveyancer has being total nightmare with delays in ordering searches or reviewing enquires. 
  • Slips36
    Slips36 Posts: 267 Forumite
    100 Posts Second Anniversary Name Dropper
    The garage is of nominal value. I’m getting fairly small mortgage of 70k for £305k house.
    will I be able to instruct my solicitor to exchange for the house and deal with garage later?
    i am very stressed has it took me long time to find buyer for my house ( almost 4 months)
    i don’t think I will be able to cope if the buyer pulls out.


  • youth_leader
    youth_leader Posts: 2,991 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I wonder why the vendor's solicitor couldn't download the deed for the grage, once it's paid for it only takes minutes?  Could you do it and forward it through your solicitor?
    £216 saved 24 October 2014
  • youth_leader
    youth_leader Posts: 2,991 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Sorry, *garage*.  Also , I think a garage is worth a lot to you - I've seen them for sale on RightMove for substantial amounts.


    £216 saved 24 October 2014
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 4 February 2021 at 4:30PM
    Would you be happy if you bought the house and never got the garage?
    Yes? Proceed without the garage provided any mortgage is approved.
    No? Wait.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Would you be happy if you bought the house and never got the garage?
    Yes? Proceed without the garage provided any mortgage is approved.
    ...and provided the vendor is happy with the risk of being left with the garage.
  • v_rouge
    v_rouge Posts: 20 Forumite
    Third Anniversary 10 Posts
    If you're worried about your buyer pulling out you can easily exchange/complete on that now and go into rented until the issue on your purchase gets sorted out - or push for several weeks between exchange and completion and hope that you can then line up completion on your purchase at the same time
  • badger09
    badger09 Posts: 11,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    v_rouge said:
    If you're worried about your buyer pulling out you can easily exchange/complete on that now and go into rented until the issue on your purchase gets sorted out - or push for several weeks between exchange and completion and hope that you can then line up completion on your purchase at the same time
    There are several of us on here who will be either laughing out loud, eye rolling, or shouting rude words at that comment.
    It can be done, but trust me, as someone who did exactly that and is now coming to the end of 4 weeks in temp accommodation, in the middle of a lockdown and pandemic, it is the opposite of easy!
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