Who contacts seller solicitor or estate agent?

summergirl40

Just in the process of buying a property. Regarding  a couple of details that were in the homebuyers survey who’s responsibility is it to contact the seller? Our solicitor to their solicitor or the Estate agent direct to the seller? 

Thank you 

fiveacre

What is the nature of the enquiry? Either way I would probably go via your own solicitor.

Irishpearce26

Its best to go through the EA as they have direct communication with them. My last sale the EA was contacting me about survey results.

summergirl40

Just an electric enquiry nothing major but solicitor has said it would be quicker to go via EA. Just seems confusing at time’s who deals with what. 

Thank you  

Tiglet2

Solicitor deals with legal issues mainly, certificates/warranties/building regs, knotweed, subsidence, shared/communal parts.
EA deals with issues of a non legal nature, i.e. water pressure, blown windows, flashing on chimney stacks.  

eddddy

If you phone the EA to ask the question, the EA will probably phone the seller, then phone you back with the seller's answer. (So if it's a simple question - you might get a reply within 30 mins.)

If you go via your solicitor...

• You will email your solicitor
• After a gap of a few days - your solicitor will email the seller's solicitor
• After a gap of a few days - the seller's solicitor will email the seller
• The seller will reply by email to their solicitor
• After a gap of a few days - the seller's solicitor will email the reply to your solicitor
• After a gap of a few days - your solicitor will email you

So it might take a couple of weeks to get a reply.

BUT... you can't rely on any information that comes back via the EA, because it's not part of the contract. If you want it to form part of the contract, you have to ask via the solicitors. (It's called a pre-contract enquiry.)

So if it's an important question - like "Was the gas boiler was installed by a qualified gas engineer?"  -  maybe ask that via solicitors, so that you can sue the sellers for damages if they lie.

But if it's a question like "What day are the bins emptied?" - maybe ask via the EA, but you won't be able to sue the sellers for damages if they lie.

summergirl40

Thank you