Sellers solicitor refusing to answer enquiries

user1977

MrsBrush said:

The covenant is historic, the property is freehold and built in 1971, so not a new build! 

In which case the risk of the developer caring about alterations is pretty much non-existent - if for some bizarre reason they were still monitoring what happened on the estate, then presumably they'd have been jumping up and down when they saw the application for planning permission. Easier/cheaper/faster to get indemnity insurance if the vendor can't produce consent and anybody really thinks the box needs ticked.

MrsBrush

That is what I thought, and I genuinely think that the original conveyance probably doesn't mean very much to the original developer 50 years after the property was constructed.

But regardless of the questions, it still doesn't address the issue of why the sellers conveyancer hasn't responded back to my solicitors with answers for any of the questions. In some respects, I don't think the answers are as important as the fact that they haven't actually responded in any sort of constructive way, apart from to tell my solicitor they didn't feel it necessary to answer them. The other outstanding questions are around things like the last certificate for the boiler service, whether there has been any heave or landslips etc (no and no), which the vendor has sent to his side but they haven't passed on. 

All in all, as a buyer, I ultimately don't know of any of the missing answers are going to cause us grief down the line if we don't get anything back, which is why I am trusting my solicitor to deal with this. And he cant get on with it because he hasn't had any answers. That I think is the bigger issue here that needs sorting and creating a fuss doesn't seem to be doing it!

user1977

MrsBrush said:

All in all, as a buyer, I ultimately don't know of any of the missing answers are going to cause us grief down the line if we don't get anything back, which is why I am trusting my solicitor to deal with this. And he cant get on with it because he hasn't had any answers.

He should at least be able to give you some suitable advice about the next steps so that you don't end up having to asking weirdos on a forum what to do about it....

MysteryMe

The vendor of the house I bought many years ago had to do similar, they have built an extension that had building regs etc but there was a similar covenant about getting permission from the developer, If the original developer is still in existence it should be pretty straightforward to get retrospective agreement.  The reality is the developer is not going to care less after this length of time.

MrsBrush

Minor update - my seller has just been in touch to ask if I had heard anything, as his solicitors have gone completely radio silent on him for the last 2 weeks; about the same length of time since they told my solicitors they weren't going to answer any of the enquiries (that the vendor answered in full 3 weeks ago and his solicitors are in possession of!)

Might be a leap here - but wondering if this "award winning" online conveyancer is deliberately holding back our case?This is a leap on my part as they have obviously not confirmed this. They know we cant complete without the mortgage funds, that will not be released without some constructive answers from them - so by refusing to answer at this juncture we cannot exchange contracts. The whole reason we are in this pickle is because they took so long to do anything when instructed in May, as they were "prioritising" June completers. They did nothing at all until mid-July and I think that they might be now prioritising other people that they delayed a few months ago so these people who were also undoubtedly delayed meet the September stamp duty deadline.  I understand (to an extent) them ignoring my solicitor, the EA and other parties in the chain, but ignoring their own client is appalling! 

If the vendor is being totally ignored, what do we all do?

Mac_70_

You seller should go see them in person, and demand answers.

MrsBrush

Mac_70_ said:

You seller should go see them in person, and demand answers.

Good idea, but the problem with that is the 200+ mile drive for him to get there!, with no guarantee that they will be there either!

Thrugelmir

MrsBrush said:

Mac_70_ said:

You seller should go see them in person, and demand answers.

Good idea, but the problem with that is the 200+ mile drive for him to get there!, with no guarantee that they will be there either!

That was the vendors choice. No doubt in an attempt to cut costs to the bare minimum. 

GoogleMeNow

Don't think the vendor will be able to locate the solicitor, even if they made the journey.  This is a large conveyancing factory based near Leicester.