Still no contracts!!

jadestar88

Please offer some advice I am going out of my mind! 

I put an offer on a house beginning of April which was accepted. Back and forth from then until 15th May to get the estate agents to take the property off the market. This was due to supposed missing emails from our broker to the estate agents confirming proof of deposit etc. Finally property taken off the market on the 15th May (we had our mortgage offer accepted end of April so we are all systems go). To this date we are still awaiting the contract from the venders solicitors! 7 weeks later!! This means we haven’t been able to start searches on the property and all I have is the estate agents word that the venders are very much still wanting to sell. The issue I have been told is that the newly separated couple have now decided to use separate solicitors for the same house, but this was an issue raised to us 4 weeks ago, and still we are given the same answer “both venders need to instruct their solicitors separately.” I LOVE the house but I’m getting so stressed out with being in limbo.. has anyone been in this situation before? I don’t know whether to call their bluff next week and just say enough is enough we cannot hold on any longer with no communication or explanation. 

borkid

We had a similar thing at the end of March, the seller was very slow at sending things over plus we found out he had lost his job and still hadn't found a house to buy ( initially we were told he had found a newbuild. After discovering lots of little things didn't add up we pulled out on a Friday end of March. I hunted around online and saw an even more suitable property, viewed it on Tuesday and had offer accepted the same day. Completed mid June and we are so pleased we pulled out.

UnderOffer

A contract would normally be the last thing you receive after the survey, what happens if you have the survey and it reveals some expensive repairs which you negotiate a lower price for, this new figure is then part of the contract. Likewise, the sellers could feel you are not committed at purchasing because you haven’t instructed a surveyor. 

To be fair a divorcing couple does have some added complexity, particularly if they are not keen to leave their home. 

jadestar88

I’m feeling so disheartened! I had to pull out of a sale before this because that house had a flying freehold of over 25% so we couldn’t get a mortgage on it! I think there must be other reasons involved that I’m unaware of. I will keep looking out to see if there is any other property suitable 🤞🏻

jadestar88

UnderOffer said:

A contract would normally be the last thing you receive after the survey, what happens if you have the survey and it reveals some expensive repairs which you negotiate a lower price for, this new figure is then part of the contract. Likewise, the sellers could feel you are not committed at purchasing because you haven’t instructed a surveyor. 

To be fair a divorcing couple does have some added complexity, particularly if they are not keen to leave their home. 

We have already had a surveyor visit the property that is how I have gotten my mortgage offer all done and dusted. We cannot start searches until our solicitor has a copy of the contract, all they have is the memorandum of sale 

jadestar88

The couple are already living separately too and the female has her new home ready to move in end of July. It’s very confusing. 

Tokmon

jadestar88 said:

UnderOffer said:

A contract would normally be the last thing you receive after the survey, what happens if you have the survey and it reveals some expensive repairs which you negotiate a lower price for, this new figure is then part of the contract. Likewise, the sellers could feel you are not committed at purchasing because you haven’t instructed a surveyor. 

To be fair a divorcing couple does have some added complexity, particularly if they are not keen to leave their home. 

We have already had a surveyor visit the property that is how I have gotten my mortgage offer all done and dusted. We cannot start searches until our solicitor has a copy of the contract, all they have is the memorandum of sale 

There is no reason they can't start searches right away and it should have been one of the first things they did after getting the memorandum of sale because they can take a while to come back.
So why are you waiting for the contract to start searches?

jadestar88

Tokmon said:

jadestar88 said:

UnderOffer said:

A contract would normally be the last thing you receive after the survey, what happens if you have the survey and it reveals some expensive repairs which you negotiate a lower price for, this new figure is then part of the contract. Likewise, the sellers could feel you are not committed at purchasing because you haven’t instructed a surveyor. 

To be fair a divorcing couple does have some added complexity, particularly if they are not keen to leave their home. 

We have already had a surveyor visit the property that is how I have gotten my mortgage offer all done and dusted. We cannot start searches until our solicitor has a copy of the contract, all they have is the memorandum of sale 

There is no reason they can't start searches right away and it should have been one of the first things they did after getting the memorandum of sale because they can take a while to come back.
So why are you waiting for the contract to start searches?

Our solicitors said they do not begin searches until they have a draft copy of the contracts from the sellers. If I could have done I would have started searches 7 weeks ago to avoid any more hold up, but they said they have to await this other paperwork. 

jadestar88

Originally they were both using the same solicitor, then they got separate representation.

Tokmon

jadestar88 said:

Tokmon said:

jadestar88 said:

UnderOffer said:

A contract would normally be the last thing you receive after the survey, what happens if you have the survey and it reveals some expensive repairs which you negotiate a lower price for, this new figure is then part of the contract. Likewise, the sellers could feel you are not committed at purchasing because you haven’t instructed a surveyor. 

To be fair a divorcing couple does have some added complexity, particularly if they are not keen to leave their home. 

We have already had a surveyor visit the property that is how I have gotten my mortgage offer all done and dusted. We cannot start searches until our solicitor has a copy of the contract, all they have is the memorandum of sale 

There is no reason they can't start searches right away and it should have been one of the first things they did after getting the memorandum of sale because they can take a while to come back.
So why are you waiting for the contract to start searches?

Our solicitors said they do not begin searches until they have a draft copy of the contracts from the sellers. If I could have done I would have started searches 7 weeks ago to avoid any more hold up, but they said they have to await this other paperwork. 

Tell them to start searches immediately or you will be changing to another solicitor.

Your paying them and they are supposed to act on your instructions. Most solicitors will start searches right away when they get the Memo otherwise if they wait till contracts then everyone might end up waiting on you to receive the searches, which will just annoy everyone else because it wasn't done earlier.

ele_91

I wouldn’t pay for searches until you’ve got a copy of the draft contract. I presume the OP means the contract pack, which includes all info for the property and requires the sellers to actually engage by filling out the PIF etc. It would show they are actually serious about selling. 

OP I would be chasing the estate agent for this and finding out if they are actually wanting to sell. Have they got onward purchases?