Solicitors at loggerheads!

MrsNibbles

Help!

We are buying a house and are having massive problems as our solicitor has been telling our vendors solicitor that they need to register a deed of release at the land registry. Back in mid June our solicitor asked theirs to do that. There's has refused to do that as they say that in the past they have always registered it following completion which is quicker and that our solicitors way will take weeks of not months to do.
Our solicitor is refusing to do it at completion and theirs seems to be refusing to register it now!
Our solicitor has also asked for planning permission documents that so not relate to the property and has sent our solicitor links for them to download them from, but our solicitor is refusing to download them and insisting the vendors solicitor send it to them instead.

What the hell do we do when our solicitors won't agree on how to do something?

It's already got to the point where we're going to have to break the chain and move into rented in order to not lose our buyer, and if it takes weeks more as our solicitor wants to do things their way then we might lose the house we want to purchase too! 😱😱😱

Please help!

pinkteapot

The first problem makes sense (I can't answer it - you really need a third conveyancer to clarify what the normal process is, and whose solicitor is trying to do something unusual - there might be one hanging around here). 

This bit doesn't quite make sense: 
"Our solicitor has also asked for planning permission documents that so not relate to the property and has sent our solicitor links for them to download them from, but our solicitor is refusing to download them and insisting the vendors solicitor send it to them instead."

So am I right that your solicitor asked theirs for some documents, theirs has sent a download link for the documents, and your solicitor refuses to use it? That is just utterly ridiculous. I'm guessing theirs used WeTransfer or something and yours wants the docs emailed as an attachment? Can your solicitor forward you the email and you download the docs for them?!! If it was sent by WeTransfer the links expire after a week so it's probably no use now anyway if they've wasted time arguing. 

But why did your solicitor request documents that don't relate to the property?!

MrsNibbles

Your guess is as good as mine over that one! She tends to talk to us in legalese and not really explain things.
The main problem is the deed of release one, and we're not sure who's right so we're not even sure if changing solicitor will help or if we'll still be stuck in the same situation!

pinkteapot

Is the EA your vendor used a decent one with sales progressors who are chasing the chain? Can they speak to both solicitors and try to break the deadlock? Decent ones will be doing weekly check-ins on where everyone's up to in the process... They may have a bit more understanding of the legal process than you so may be able to help. 

If not, I would ask my solicitor to explain the Deed of Release thing to me, and keep asking questions till I understand as much as possible. Then, as it's been 6 weeks of stalemate, I'd probably ring another local solicitor and say I was thinking of switching to them because of this deadlock, and can they tell me what the normal process is here because I don't know whose solicitor is 'right'. If they won't offer free advice like that I'd happily pay for half hour of their time for some advice to avoid a chain breakdown. 

This is assuming you can't get an answer online. As I said, there may be a conveyancer here, or someone who knows enough about the conveyancing process to see what's happened.

Are both you and your vendor using local solicitors, or are either of you using an online conveyancing warehouse?

martindow

Can you find the planning permission documents online?  Most local authorities allow you to search by address.

If you can find them and print them out you could then give them to your solicitor.  It seems ridiculous to have to do this, but if it releases the log jam ...

Tiglet2

MrsNibbles said:

Help!

We are buying a house and are having massive problems as our solicitor has been telling our vendors solicitor that they need to register a deed of release at the land registry. Back in mid June our solicitor asked theirs to do that. There's has refused to do that as they say that in the past they have always registered it following completion which is quicker and that our solicitors way will take weeks of not months to do.
Our solicitor is refusing to do it at completion and theirs seems to be refusing to register it now!
Our solicitor has also asked for planning permission documents that so not relate to the property and has sent our solicitor links for them to download them from, but our solicitor is refusing to download them and insisting the vendors solicitor send it to them instead.

What the hell do we do when our solicitors won't agree on how to do something?

It's already got to the point where we're going to have to break the chain and move into rented in order to not lose our buyer, and if it takes weeks more as our solicitor wants to do things their way then we might lose the house we want to purchase too! 😱😱😱

Please help!

Do you know what the deed of release is for?  Is it for a charge or loan registered on the title, which the sellers state has been fully paid up, but has not been removed from the title by the Land Registry?

If the sellers have evidence to prove that the charge on the title has been paid in full, why are they not providing the evidence to their solicitor so that they can submit the application to the Land Registry?  It really should be the seller's solicitor sorting this out prior to completion. 

If they want to do it following completion, then your solicitor will need some kind of Undertaking from the seller's solicitor that they will either submit the application themselves or provide your solicitor with all the documents so that your solicitor can apply to the Land Registry along with the application to register you as the new owner, following completion.  The seller's solicitor will also need to agree to assist with any requisition the Land Registry raise in connection with it.  Land Registry could take months to consider the application since it is no longer subject to an ongoing sale and will not qualify for expedition.

To be honest, most conveyancing 'big' firms consider it the responsibility of the seller's solicitor to sort out title issues before completion and very few purchasing solicitors want to be lumbered with work after completion that they didn't need to do.  Not that it can't be done of course, but there would be additional work for them which they will charge you for.

Tiglet2

Our solicitor has also asked for planning permission documents that so not relate to the property and has sent our solicitor links for them to download them from, but our solicitor is refusing to download them and insisting the vendors solicitor send it to them instead.

Apologies, I forgot you asked about this too.  Again, this is the seller's solicitors responsibility to download and provide the documents to your solicitor.  If it is Council documents, be aware that the Council can and do charge for providing copies of certain documents - this should be paid for by the seller, not the buyer.  However, I am not sure what you mean by stating that the documents do not relate to the property.  Are you talking about, for example, a Section 38 Agreement for the development of the estate, or a TPO for the area?  If it is just planning permission documents, the vendor should supply or pay for duplicates if they are not freely available on the Council website.  If they refuse to provide them, insist they pay for a Building Regulation Indemnity Policy at their cost.