Solicitors enquiries not being answered

andyclare1975

Hi 

I am hoping someone could offer me some advice. We’ve been in a small chain trying to buy a house since May. The couple we are buying from are splitting up so all decisions and queries have to be answered by both parties. 

The problem is that the whole conveyancing process is being held up by one of the selling parties; they are not answering any calls or messages from their ex partner, solicitor or the estate agent. They’ve simply gone AWOL. There are a number of enquiries that need answering by this person before we can proceed to exchange of contracts. As advised by my solicitors. 

At the moment we do not know what the specific queries are but assuming they are minor, does anyone know of any legal reason where you can proceed to exchange based on one persons agreement (the ex partner, who is engaging with us) or do we have to try and and continue to get hold of the AWOL person. 

It’s really frustrating as we do know of any problems with the agreed contract, they just simply won’t respond! :-(

Any help appreciated ! 

Regards 
AC

user1977

If a property is jointly owned then no, of course one owner can't unilaterally decide to sell it without the other agreeing. 

Tiglet2

Sounds to me like one of the sellers doesn't want to sell, but the other seller does.  Buying from a separating/divorcing couple can be fraught with issues, as you are finding out.  My advice would be to start looking at other properties, while keeping this on the back burner.  

dipesh010

I say its the EA job who need to keep calling the seller. Is the phone ringing, are they calling every day?
Some times these EA are lazy so keep asking for it
I am not sure why the seller solicitor have to speak with the owner? usually they can answer those enquiries without involving the seller (unless some papers are missing etc...) 
If I were you I will look elsewhere while letting this process.  

user1977

dipesh010 said:

I am not sure why the seller solicitor have to speak with the owner? 

Because it's not the solicitor who has owned and lived in the property (or even visited it). 

Thrugelmir

Besides the property there are other aspects that the divorcing couple need to resolve (between themselves).  Messy and complex. For outsiders a complete nightmare as there's no knowing how long it's going to take to achieve resolution. 

Kaysee24

The other seller can get a court order as part of divorce proceedings but this can be a lengthy process. How difficult it is depends if that party is still living there or not.

andyclare1975

Thanks all

we are at the final hurdle in the process so really not keen on looking for another property. We lost another property before Xmas due to sellers mucking about so hoping lightening would t strike twice but…..

Plus there isn’t anything coming on the market that meets our requirements. We do look daily. We’ll just have to let it play out for now. 

thanks again 

AC