Lawyers at stalemate (juliet balconies not in lease)

princeofpounds

Shaztastic3000 said:

Just tell the buyer to buy the house or pull out - give them 24 hours and no more.

If you do that, they will simply not be able to buy, assuming that they are using a mortgage. The solicitor's approval on behalf of the mortgage company is needed. So if you want them to buy, they will either need to change their solicitor's mind (which will probably take longer than 24 hours given how hard it is to get hold of conveyancers sometimes) or they will need to find a new solicitor, which will also take longer.

I agree that there isn't much point giving a long timeframe, but 24 hours is guaranteeing failure. Or an empty assurance in response that cannot be followed through.

I'd suggest a week.

Hobby83

princeofpounds said:

Shaztastic3000 said:

Just tell the buyer to buy the house or pull out - give them 24 hours and no more.

If you do that, they will simply not be able to buy, assuming that they are using a mortgage. The solicitor's approval on behalf of the mortgage company is needed. So if you want them to buy, they will either need to change their solicitor's mind (which will probably take longer than 24 hours given how hard it is to get hold of conveyancers sometimes) or they will need to find a new solicitor, which will also take longer.

I agree that there isn't much point giving a long timeframe, but 24 hours is guaranteeing failure. Or an empty assurance in response that cannot be followed through.

I'd suggest a week.

They are actually cash buyers. I tried and my solicitor tried the tactic of saying no. They would have pulled as they were told the lease was defective and they wouldn't be able to sell. If I was her I would have pulled too with that advice. 

We managed to come to a compromise yesterday. I will start the Deed of Variation off and hand it to them when they complete to carry on with the process. This is in agreement they need to complete by the end of Feb as that is when I lose my mortgage offer on the other place. Everyone seems comfortable with that. 

Both myself and the buyer are carrying some risk with it. I am starting a £1000 process that is not considered necessary by most lawyers I talk to, which I will be lumped with the cost if we don't complete and the buyer pulls. 

She is taking the risk (a bit very small as the freeholder has confirmed they see no issue with the deed, twice) that they may say no later down the line on the deed once they own the property. 

Hopefully, this means that we can get going and move. Keep your fingers crossed for me. 

princeofpounds

Good to hear Hobby. If their solicitor accepts that it makes me wonder if he has realised he may be making a mistake deep down, because there isn't a strict guarantee on the DoV being completed. Not your problem though!

Hobby83

So the flat sale fell through. After 7 months of pushing a rock up a hill, it is almost a relief. I have a new buyer already and hopefully, this will be plain sailing and no dramas about the non-existent balconies. Wish me luck

Doozergirl

Good Luck!!