Couldnt make this up - any solictors advice please

Cuddlybearman

Been 2 days and out of 2 estate agents and a solicitor am i really supposed to believe that not one of them has got hold of this new firm??
They wont even tell me his details or i would just keep trying myself - my seller doesnt seem the slightest bit in a hurry to help either

Grrrrrrrr

Thrugelmir

Cuddlybearman said:

They wont even tell me his details or i would just keep trying myself 

With the aim of achieving what precisely?  

Cuddlybearman

Thrugelmir said:

Cuddlybearman said:

They wont even tell me his details or i would just keep trying myself 

With the aim of achieving what precisely?  

To get whoever it is to get a move on!!

Cuddlybearman

Right - late last night I got copied into an email from the new solicitor to mine send all but one enquiry reply back - good news! However I have question for you guys. The one outstanding was said "I understand you want a copy of the DOC from Blood Homes so I have contacted them via their online contact form"

Now 1st issue - is a DOC a "Deed of Covenant"? if so what is that?
2nd issue - an "an online contact form"is pathetic - they have phone numbers
3rd issue - when my new buyer got on board it was on the basis that I was all ready to go with my purchase (that is what I was told - I even have the email from my solicitor about 2 months ago saying that everything is ready for my purchase). If this now holds it up it could cause issues as my buyer is a nut case and will probably pull out

So - would I be able to call Bloor Homes up to get a copy myself? is it something that they would actually have and what is the right phrasing or department to get hold of it?

Any help? - many thanks

Tiglet2

Cuddlybearman said:

Right - late last night I got copied into an email from the new solicitor to mine send all but one enquiry reply back - good news! However I have question for you guys. The one outstanding was said "I understand you want a copy of the DOC from Blood Homes so I have contacted them via their online contact form"

Now 1st issue - is a DOC a "Deed of Covenant"? if so what is that?
2nd issue - an "an online contact form"is pathetic - they have phone numbers
3rd issue - when my new buyer got on board it was on the basis that I was all ready to go with my purchase (that is what I was told - I even have the email from my solicitor about 2 months ago saying that everything is ready for my purchase). If this now holds it up it could cause issues as my buyer is a nut case and will probably pull out

So - would I be able to call Bloor Homes up to get a copy myself? is it something that they would actually have and what is the right phrasing or department to get hold of it?

Any help? - many thanks

A Deed of Covenant is a document that the buyer will sign to say that they agree with the lease terms. It is also a legally binding agreement between two people that states that one person will pay the other an agreed amount - to pay ground rent and service charges, and to observe certain restrictions.  

There is a set process for doing things, in your case Bloor Homes require the seller's solicitor to contact them via their specific form.  A phone call will not do.  It has to be evidenced in writing in any case.

Your new buyer's solicitor will not know anything about your onward purchase.  They are acting for your buyer and will raise their own set of enquiries, some of them may be the same as you've had with previous buyers, some may be completely different enquiries.

Even if you and your solicitor were ready on your purchase, it seems there are issues with your seller's new solicitor, who has to familiarise himself with the file.  In any case, your solicitor was not ready.  He has asked for a Deed of Covenant which he hasn't yet got, so you were not ready to exchange and complete.

Your solicitor will accept documents provided by Bloor Homes via the seller's solicitor.  They won't accept a document which you say you obtained yourself, even if it is actually genuine.

Cuddlybearman

Tiglet2 said:

Cuddlybearman said:

Right - late last night I got copied into an email from the new solicitor to mine send all but one enquiry reply back - good news! However I have question for you guys. The one outstanding was said "I understand you want a copy of the DOC from Blood Homes so I have contacted them via their online contact form"

Now 1st issue - is a DOC a "Deed of Covenant"? if so what is that?
2nd issue - an "an online contact form"is pathetic - they have phone numbers
3rd issue - when my new buyer got on board it was on the basis that I was all ready to go with my purchase (that is what I was told - I even have the email from my solicitor about 2 months ago saying that everything is ready for my purchase). If this now holds it up it could cause issues as my buyer is a nut case and will probably pull out

So - would I be able to call Bloor Homes up to get a copy myself? is it something that they would actually have and what is the right phrasing or department to get hold of it?

Any help? - many thanks

A Deed of Covenant is a document that the buyer will sign to say that they agree with the lease terms. It is also a legally binding agreement between two people that states that one person will pay the other an agreed amount - to pay ground rent and service charges, and to observe certain restrictions.  

There is a set process for doing things, in your case Bloor Homes require the seller's solicitor to contact them via their specific form.  A phone call will not do.  It has to be evidenced in writing in any case.

Your new buyer's solicitor will not know anything about your onward purchase.  They are acting for your buyer and will raise their own set of enquiries, some of them may be the same as you've had with previous buyers, some may be completely different enquiries, but even if you and your solicitor were ready on your purchase, it seems there are issues with your seller's new solicitor, who has to familiarise himself with the file.  In any case, your solicitor was not ready.  He has asked for a Deed of Covenant which he hasn't yet got, so you were not ready to exchange and complete.

Your solicitor will accept documents provided by Bloor Homes via the seller's solicitor.  They won't accept a document which you say you obtained yourself, even if it is actually genuine.

Ok thanks - but the property is Freehold? Would that mean the DOC could be something like "don't build a fence" etc?

Cuddlybearman

Bloor Homes have said their solictors will send the DOC to my solictors ( i dont have the actual details of my vendors firm - just a cut and pasted email)
Will they be able to accept that
@Tiglet2

Tiglet2

Cuddlybearman said:

Tiglet2 said:

Cuddlybearman said:

Right - late last night I got copied into an email from the new solicitor to mine send all but one enquiry reply back - good news! However I have question for you guys. The one outstanding was said "I understand you want a copy of the DOC from Blood Homes so I have contacted them via their online contact form"

Now 1st issue - is a DOC a "Deed of Covenant"? if so what is that?
2nd issue - an "an online contact form"is pathetic - they have phone numbers
3rd issue - when my new buyer got on board it was on the basis that I was all ready to go with my purchase (that is what I was told - I even have the email from my solicitor about 2 months ago saying that everything is ready for my purchase). If this now holds it up it could cause issues as my buyer is a nut case and will probably pull out

So - would I be able to call Bloor Homes up to get a copy myself? is it something that they would actually have and what is the right phrasing or department to get hold of it?

Any help? - many thanks

A Deed of Covenant is a document that the buyer will sign to say that they agree with the lease terms. It is also a legally binding agreement between two people that states that one person will pay the other an agreed amount - to pay ground rent and service charges, and to observe certain restrictions.  

There is a set process for doing things, in your case Bloor Homes require the seller's solicitor to contact them via their specific form.  A phone call will not do.  It has to be evidenced in writing in any case.

Your new buyer's solicitor will not know anything about your onward purchase.  They are acting for your buyer and will raise their own set of enquiries, some of them may be the same as you've had with previous buyers, some may be completely different enquiries, but even if you and your solicitor were ready on your purchase, it seems there are issues with your seller's new solicitor, who has to familiarise himself with the file.  In any case, your solicitor was not ready.  He has asked for a Deed of Covenant which he hasn't yet got, so you were not ready to exchange and complete.

Your solicitor will accept documents provided by Bloor Homes via the seller's solicitor.  They won't accept a document which you say you obtained yourself, even if it is actually genuine.

Ok thanks - but the property is Freehold? Would that mean the DOC could be something like "don't build a fence" etc?

OK, I assume that it's a freehold property with a management company looking after the communal areas then.  Are you buying a new build?  I would think Bloor Homes will have a standard DOC for all of their developments, and you sign to say that you will comply with all the covenants on the title.  You should have a copy of the TR1/TP1 setting out all the restrictive covenants and positive covenants on the property and estate, which, as you say, will mean things like "don't build a fence", but there may be some other covenants which you may not like.  Read the TR1/TP1 (or registered title if not a new build) thoroughly so you know what you are signing with the DOC.

Covenants can be either “restrictive” or “positive”.

Traditionally, restrictive covenants were used to keep estates looking uniform, and stop people altering the appearance of their home.  However, nowadays on some new estates, the restrictive covenants could ban everyday activities such as hanging washing outside, installing a satellite dish, getting a dog, or parking certain types of vehicle on your own drive, such as commercial vehicles, caravans, mobile homes, camper vans and boats.  This effectively bans tradespeople from buying homes on a new estate unless they keep their vehicles elsewhere.  Someone breaching the covenant could be sued either by their neighbours or the developer/management company.

Positive covenants work in a different way and mean an obligation to do something: usually pay money.  For example, a positive covenant might oblige a homeowner to contribute to the cost of maintenance of the roads and grass verges on a private estate not adopted by the council.  It might be referred to as an “estate charge”, “maintenance fee” or “rentcharge”.  This set-up is open to abuse.

Many new build estates are not adopted by the local council with the original developer retaining ownership of communal areas (roads, play areas, grass verges etc).   In turn, the developer will hire a management company to maintain these areas.

But these companies have no obligation to keep costs down or provide evidence that the services they charge for are being carried out.  As a result, homeowners often find costs spiral but they get little for their money.  Complaints are likely to be met with a brick wall: the managing agent works for the developer, not for you.  If you refuse to pay, you can expect a heavy-handed response pointing you to the covenant in your property deeds and a threat of legal action if you don’t cough up.  

Yes, if the developer sends the DOC to your solicitors, they should accept that, though it is for the seller's solicitor to provide it.