How long does it take for seller's solicitors to send the draft contract pack?

Raneynickel4

I asked my solicitor today if they received the draft contract pack and they said they haven't received it yet - the memo of sale was sent two weeks ago now. The buyer is in a chain and I don't think they've found a place yet, if that is relevant at all. Is it common for the seller to find a property first/have their offer accepted first before asking their solicitor to send the draft contract pack? This is for a leasehold flat. 

When the seller was showing me around, she said she wanted to move ASAP because she was moving to a new city 1.5h away and she didn't want to deal with the commute so I was under the impression she'd be a bit more speedy with getting the conveyancing started on her end.

Shaztastic3000

Why do you want it at this stage?

cheeky-peach

It is common for the chain to be complete before solicitors are formally engaged and anything is created/drafted. I believe this is because, until the chain is complete, no-one is moving anywhere.

MrsBrush

It also depends on the conveyancer. We had an 11 week wait for the protocol forms to finally turn up from our seller's conveyancer! There were various reasons for this, some valid and some just straightforward laughably annoying and unnecessary. 

The initial 5 week delay was they they were "too busy" (it was in June, so SD completions were being prioritised) to allocate a case handler and they didn't even send the forms to the vendor to allow him to start filling them out, and eventually they sent the title to my solicitor but nothing else.  There was also a complete misunderstanding, as they had assumed that whilst our seller had spoken to them about an onward purchase, he wanted to get the property sold asap and move into rented so he didn't have to rush finding a new home. His EA and the conveyancers assumed that he wanted the ongoing purchase to be related, when he was totally clear that he didn't want to hold the sale up. However, somewhere along the line, they took it on themselves to wait until this was in place so they didn't do anything at all - so we have been delayed by several weeks as a result. It wasn't until the chain nearly broke down, he gave them what for and threatened to sack them. At this point, they finally gave him a reference and then my EA was able to finally speak to them and reiterate the position that they finally woke up and starting doing something! 

In your case the Sept stamp duty deadline might be a factor, annoying though that is.

Unfortunately, there is !!!!!! all as a buyer that you can do about your vendor's choice of solicitors. You just have to keep checking and asking your EA to apply pressure where possible. Fasten your seatbelt, its an unpleasant roller coaster ride!

ele_91

I would ignore the above comment as this particular poster has got a real vengeance against her seller and their conveyancer! I doubt you would get anything until the chain is complete and also you would be unwise to start spending money until the chain is complete. Unfortunately what people say to get a sale and what they actually do or intend to do seem to be entirely different when it comes to moving house…

Raneynickel4

cheeky-peach said:

It is common for the chain to be complete before solicitors are formally engaged and anything is created/drafted. I believe this is because, until the chain is complete, no-one is moving anywhere.

Thanks, I guess that makes sense.

MrsBrush said:

It also depends on the conveyancer. We had an 11 week wait for the protocol forms to finally turn up from our seller's conveyancer! There were various reasons for this, some valid and some just straightforward laughably annoying and unnecessary. 

The initial 5 week delay was they they were "too busy" (it was in June, so SD completions were being prioritised) to allocate a case handler and they didn't even send the forms to the vendor to allow him to start filling them out, and eventually they sent the title to my solicitor but nothing else.  There was also a complete misunderstanding, as they had assumed that whilst our seller had spoken to them about an onward purchase, he wanted to get the property sold asap and move into rented so he didn't have to rush finding a new home. His EA and the conveyancers assumed that he wanted the ongoing purchase to be related, when he was totally clear that he didn't want to hold the sale up. However, somewhere along the line, they took it on themselves to wait until this was in place so they didn't do anything at all - so we have been delayed by several weeks as a result. It wasn't until the chain nearly broke down, he gave them what for and threatened to sack them. At this point, they finally gave him a reference and then my EA was able to finally speak to them and reiterate the position that they finally woke up and starting doing something! 

In your case the Sept stamp duty deadline might be a factor, annoying though that is.

Unfortunately, there is !!!!!! all as a buyer that you can do about your vendor's choice of solicitors. You just have to keep checking and asking your EA to apply pressure where possible. Fasten your seatbelt, its an unpleasant roller coaster ride!

That sounds horrible. I hope my seller's solicitors aren't that useless...

ele_91 said:

I would ignore the above comment as this particular poster has got a real vengeance against her seller and their conveyancer! I doubt you would get anything until the chain is complete and also you would be unwise to start spending money until the chain is complete. Unfortunately what people say to get a sale and what they actually do or intend to do seem to be entirely different when it comes to moving house…

I did get the impression the seller genuinely wanted a quick sale so I'm not doubting that. If I heard it via the estate agent I'd be a bit more skeptical. I've already got my mortgage offer (didn't pay for my broker) but I'm starting to wonder maybe I should've waited until the chain was complete to do that...

andy444

I'm currently in the process of buying a property and I'm free chain free and the place where the vendors are moving to is vacant so there's no real chain involved, but I found out from my solicitor this morning that he's yet to receive the draft contract pack from the vendor's solicitors. It's been around 3-4 weeks since the sale was agreed.

A lot of the time solicitors are just slow and won't do much unless you nudge them into doing it.

Tiglet2

andy444 said:

I'm currently in the process of buying a property and I'm free chain free and the place where the vendors are moving to is vacant so there's no real chain involved, but I found out from my solicitor this morning that he's yet to receive the draft contract pack from the vendor's solicitors. It's been around 3-4 weeks since the sale was agreed.

A lot of the time solicitors are just slow and won't do much unless you nudge them into doing it.

Solicitors may be busy but usually in this scenario it's because the vendor is slow returning completed paperwork, ID documents and monies on account in order that the solicitor can start doing something.  No amount of nudging can make them do something if they are still waiting on the vendor to do their bit.

greensalad

Just received mine this morning, 8 weeks after offer and I think 5 weeks after chain completed.

MrsBrush

ele_91 said:

I would ignore the above comment as this particular poster has got a real vengeance against her seller and their conveyancer! I doubt you would get anything until the chain is complete and also you would be unwise to start spending money until the chain is complete. Unfortunately what people say to get a sale and what they actually do or intend to do seem to be entirely different when it comes to moving house…

Interesting assumption. Not that anyone cares - my relationship with my seller is actually friendly and supportive. We are on the same side, as we want the same outcomes. I have been very upset for my seller, because it is not their fault that there were unnecessary delays affecting the entire chain. Now things are moving, the legal work is good and the issues have been resolved. But poor customer service is still poor, no matter how you try to dress it up.

For what it is worth, we got the contracts through today, so as everything else is already in place barring a couple of outstanding legal enquiries everything is back on track. Had we waited for the protocol pack before searches and surveys etc we would still have a long way to go.

AFF8879

On all three occasions I’ve experienced it (On both the first home I bought, selling said home and the new build I’m in the process of buying now), the draft contract has been sent within a matter of days after the instruction. In my latest case they actually sent it on the same day, though new build developers work to particularly aggressive timelines…

In this case I would almost guarantee it’s because the chain isn’t complete, but a quick phone call to your solicitor tomorrow morning wouldn’t hurt and might put your mind at rest