Buyer's solicitor holding up sale

FartherChristmas

Looking for some advice, what are my rights, what can I do etc.

Sold house stc in October 2020. Cash buyer. All Solicitor documentation completed by myself and the buyer. My solicitor and estate agent have been chasing the buyers solicitor for the past 2 months, no idea what the hold up is, as everyone has done everything required and the buyer is ready to go. There is little to no response from the buyers solicitor.

What can be done to get them to pull their finger out and agree a date to exchange from my perspective?

I'm still having to pay bills on the property  although I am not living in it.

I put my main residence (different property) on the market in December 2020 and completed on this 3 weeks ago and moved house. I'm concerned I may have to pay higher rate land tax (Wales) on my new home move due to already owning 1 property in addition to my main residence. Another increased cost due to the solicitor holding up the sale (granted I can claim this back, however it may be as much as £25k tax!)

Any advice welcome. Thank you.

hazyjo

Threaten to pull out and mean it? Although there's an element of cutting your way nose off to spite your face with that.

Unless anyone guaranteed a timescale (very unlikely!), there's not much else you can do other than get the EA to try harder.

davilown

As above - put it back in the market. Suck up the tax payment and reclaim once you sell.

AdrianC

Are you sure the problem is the solicitor?

TBG01

Of course it is. The buyer is all ready to go (allegedly) and everyone know it's the client that gets to determine whether or not they've met/satisfied the requirements to complete.

It's baffling how many threads on here, complaining about Solicitors holding things up, are also accompanied with threads asking 'Can I hold off ordering searches', 'Can I ask my Solicitor to do no work yet', 'Can I still view other properties', 'Do I need to provide this document that my Solicitor is asking for', yet the narrative on here is that Solicitors are responsible for delays.

Where I work we had a client ring up on Monday asking for an update. I checked the file and they hadn't returned formal instructions, therefore we can't do any work on the file. A lot of moaning and groaning later they agree to return it. 10 minutes later "I've lost it. Can you repost it". So there's half an hour out of my day now spent on printing and putting the pack together again. That gets posted Monday night, they receive it Tuesday, we receive it back in Wednesday and of course it's missing the formal instructions.

 I'll once again now have to take time out of my day (which could be spent on other clients) chasing something as simple as returning one document. 

And people wonder why the process takes so long. 

teachfast

TBG01 said:

Of course it is. The buyer is all ready to go (allegedly) and everyone know it's the client that gets to determine whether or not they've met/satisfied the requirements to complete.

It's baffling how many threads on here, complaining about Solicitors holding things up, are also accompanied with threads asking 'Can I hold off ordering searches', 'Can I ask my Solicitor to do no work yet', 'Can I still view other properties', 'Do I need to provide this document that my Solicitor is asking for', yet the narrative on here is that Solicitors are responsible for delays.

Where I work we had a client ring up on Monday asking for an update. I checked the file and they hadn't returned formal instructions, therefore we can't do any work on the file. A lot of moaning and groaning later they agree to return it. 10 minutes later "I've lost it. Can you repost it". So there's half an hour out of my day now spent on printing and putting the pack together again. That gets posted Monday night, they receive it Tuesday, we receive it back in Wednesday and of course it's missing the formal instructions.

 I'll once again now have to take time out of my day (which could be spent on other clients) chasing something as simple as returning one document. 

And people wonder why the process takes so long. 

You know a trade/profession is failing when they start blaming the clients. 

TBG01

So when a document that is sent out labeled "DO NOT DATE", is returned dated, meaning fresh documents need produced, sent out and returned, who is to blame for the delay? 

Tiglet2

TBG01 said:

Of course it is. The buyer is all ready to go (allegedly) and everyone know it's the client that gets to determine whether or not they've met/satisfied the requirements to complete.

It's baffling how many threads on here, complaining about Solicitors holding things up, are also accompanied with threads asking 'Can I hold off ordering searches', 'Can I ask my Solicitor to do no work yet', 'Can I still view other properties', 'Do I need to provide this document that my Solicitor is asking for', yet the narrative on here is that Solicitors are responsible for delays.

Where I work we had a client ring up on Monday asking for an update. I checked the file and they hadn't returned formal instructions, therefore we can't do any work on the file. A lot of moaning and groaning later they agree to return it. 10 minutes later "I've lost it. Can you repost it". So there's half an hour out of my day now spent on printing and putting the pack together again. That gets posted Monday night, they receive it Tuesday, we receive it back in Wednesday and of course it's missing the formal instructions.

 I'll once again now have to take time out of my day (which could be spent on other clients) chasing something as simple as returning one document. 

And people wonder why the process takes so long. 

Made me chuckle - exactly the same thing happens in my office!  Give me strength!

teachfast

TBG01 said:

So when a document that is sent out labeled "DO NOT DATE", is returned dated, meaning fresh documents need produced, sent out and returned, who is to blame for the delay? 

On an individual basis there will be mistakes but the professionals, not the clients, are trained and paid to do things correctly. They often do not. As for client mistakes, your select example here to illustrate your point is the fault of the client, but 'one swallow does not a summer make'.  In general, frustrations are caused by poor communication from the 'professional' and a complete inability to set up expectations properly in advance. 

Most people can take delays and difficulties and even decisions that go against them, if they are treated with courtesy, have things explained carefully to them as lay-people by a trained specialist and are given resolutions that are being explored. Sadly, all too often all a client is faced with is a solicitor who simply tells them an outcome (often "no update" or "can't do that") with no explanation volunteered about process or reasons. 

This forum is particularly adept at deferring blame. The usual cop-outs are that solicitors don't have time to explain things, they have too much work, don't get paid enough or simply blaming the (inexpert) clients. Unfortunately for them, most people see through this and there's a general lack of respect and often contempt for the way they treat people.  This contempt manifests itself here and elsewhere.

Posters in this forums remind me of many IT technicians, who simply state the problem with their clients' computer lies between the screen and the chair. It's contemptible.

TBG01

On an individual basis there will be mistakes but the professionals, not the clients, are trained and paid to do things correctly.

Most adults have been taught how to read have they not?

 'one swallow does not a summer make'

Yet you tarnish all Solicitors with the same brush. 

In general, frustrations are caused by poor communication from the 'professional' and a complete inability to set up expectations properly in advance. 

It's not a guarantee but our paperwork clearly states a straight forward transaction will take 8 - 12 weeks. There is your expectations set from the outset, but again people don't read the paperwork and then get upset that we can't meet their self imposed time scale. 

Most people can take delays and difficulties and even decisions that go against them, if they are treated with courtesy,

Courtesy works both ways. Not getting an instant reply doesn't need to be followed by a barrage of emails and phone calls masked as "chasing".

The usual cop-outs are that solicitors don't have time to explain things 

Because time is wasted on my above examples of what clients are like. 

badger09

@TBG01
Sadly, you're wasting your time on this. There are a couple of posters on this forum who simply trot out the same responses, regardless of the relevance to the question asked, or previous opinion given.

Presumably they've had an unpleasant experience in the past and continue to feel the need to vent.