House buying - solicitors... do I have redress?

Thrugelmir

BelugaWhale said:

Buyers solicitor is artificially holding everything up - and stamp duty deadline will be missed.

Unless the buyers solicitor gave a firm commitment that the deadline was achievable to their client when they were originally instructed. Then it's a moot point. 

BelugaWhale

Irishpearce26 said:

BelugaWhale said:

GDB2222 Everyone is in a position to proceed with sales, but our buyers solicitor refuses to proceed because they are too busy... buyer has paid their solicitor their deposit, and paid their final bill... 

Our buyer wanted to complete on Monday at the latest, but solicitor says no... (and there was some guff with electrician and gas along the way). They want to complete on 6th July, which is outrageous. Buyer is peeved off. We're peeved off... people we're buying from are peeved off. Buyers solicitor is artificially holding everything up - and stamp duty deadline will be missed.

The only person who may have redress is your buyer. Regarding the electrician you should have done more checks/research before instructing them to carry out the work.

If you instructed your solicitors at the end of March you were pushing it to complete by the SDLT deadline, the extension was for those transaction that wouldn't make the March deadline.

Time was short - I knew we didn't need one because I spoke with the WPD - but the electrician wouldn't budge. The advice from the solicitor was that I needed a certificate. I have now found out I didn't - they could have told the buyer to "do checks" or whatever the phrasing is. Speaking with her she would have been happy to do this.

I actually first instructed them last year, when our original buyer pulled out because they didn't have a mortgage... I was told with a first time buyer it wouldn't be an issue. The buyers solicitor also told the buyer it was doable.... indeed, her offer was accepted on the provision we'd blast it through.

BelugaWhale

Irishpearce26 said:

BelugaWhale said:

GDB2222 Everyone is in a position to proceed with sales, but our buyers solicitor refuses to proceed because they are too busy... buyer has paid their solicitor their deposit, and paid their final bill... 

Our buyer wanted to complete on Monday at the latest, but solicitor says no... (and there was some guff with electrician and gas along the way). They want to complete on 6th July, which is outrageous. Buyer is peeved off. We're peeved off... people we're buying from are peeved off. Buyers solicitor is artificially holding everything up - and stamp duty deadline will be missed.

The only person who may have redress is your buyer. Regarding the electrician you should have done more checks/research before instructing them to carry out the work.

If you instructed your solicitors at the end of March you were pushing it to complete by the SDLT deadline, the extension was for those transaction that wouldn't make the March deadline.

I also take issue that I should have done more checks/research when I was paying for a solicitor to handle the sale. They're an "advocate" are they not?

NameUnavailable

What about your vendor's mortgage?

BelugaWhale

NameUnavailable said:

What about your vendor's mortgage?

The house we're buying? They don't need a mortgage. The title is Absolute.  There are no rights or way or leeways on it.  No works have been done on the property since before 2008 and so there are no guarantees for it.  The vendor is a centenarian who has moved into a Home, so there is no chain and the property is a vacant possession. 

Our buyer is a first time buyer with a large deposit - and mortgage confirmed. She didn't hang about - we spoke most days.

We also had our mortgage approved, plus a large deposit (even larger with the sale of our house)

It should have been sooo smooth. The whole system feels broken. I wish there was a way to engineer out the conveyancer, they seem the weakest and most expensive link. Indeed, it was the estate agent (often much maligned) who moved things on!

GDB2222

If you think your solicitor has messed up, and this has cost you more stamp duty, make a complaint. It really is as simple as that. Your solicitor may rebut your complaint, but nobody here can help you. 

You have no recourse against the buyer's solicitor.

teachfast

Sadly it's all standard for the 'profession' of solicitor conveyancers. Many/most literally do not care and simply treat their clients as an inconvenience. 

NameUnavailable

Conveyancing for them is sausage factory stuff, zero customer service and that seems to be whether you choose an online firm or local one on the high street.

Thrugelmir

BelugaWhale said:

NameUnavailable said:

What about your vendor's mortgage?

we spoke most days.

For what purpose?  Safe to assume that you were the instigator. 

Weathergirl_76

Sounds like a very drawn out start. I can only think that, seeing as your buyer is a FTB, they would not have to pay stamp duty, so their conveyancer would possibly prioritise other clients work who were needing completion before 30th June, over your transaction. 

I instructed a conveyancer about a month ago to deal with my sale and purchase. He is highly recommended. I was sent documents by post to complete and within the pack was a sheet of A4 which clearly stated they would try their best but could not guarantee completion by stamp duty deadline etc for any of their transactions. I am planning to complete my sale and purchase by end September. I genuinely hope it happens, but I know most of it is out of my control.