Exchange - Sellers solicitor not responding

housebuyer143

The seller and I (no chain), agreed 1.5 weeks ago we wanted to complete on 25th March. The contracts have been signed and returned for weeks as well as all the enquiries having been satisfied and I am working with my solicitor to get the contracts exchanged now for this date.
I have been told today that the sellers solicitor has not responded to emails regarding exchanging. Is this normal? 

I know the title deeds have some charges on them that need to be removed before completion etc but can't understand what could be holding it up or why they wont respond. I speak to the seller who tells me they have notified their solicitor of the completion date they want also. 

chelsclutton

We are in a similar position with the solicitors at the bottom of our chain not responding to anyone which is holding up our sale. As stressful as it is I think it’s a lot more common that we think it is. Could you contact the sellers estate agent to see if they can get in contact with the solicitors?

TheJP

housebuyer143 said:

The seller and I (no chain), agreed 1.5 weeks ago we wanted to complete on 25th March. The contracts have been signed and returned for weeks as well as all the enquiries having been satisfied and I am working with my solicitor to get the contracts exchanged now for this date.
I have been told today that the sellers solicitor has not responded to emails regarding exchanging. Is this normal? 

I know the title deeds have some charges on them that need to be removed before completion etc but can't understand what could be holding it up or why they wont respond. I speak to the seller who tells me they have notified their solicitor of the completion date they want also. 

The fact that its probably less than a week since your solicitor made contact with the sellers solicitor this delay is normal, remember they will have other clients and will also need to check up the chain if that date is feasible.

babyblade41

If charges need to be removed from title it will depend on who these charges are and how easy it is to get them taken off or settled.

Your solicitor will need to get it expedited once this problem has been solved.  This may not be that quick in figuring out who these charges relate to 

housebuyer143

babyblade41 said:

If charges need to be removed from title it will depend on who these charges are and how easy it is to get them taken off or settled.

Your solicitor will need to get it expedited once this problem has been solved.  This may not be that quick in figuring out who these charges relate to 

Thanks - the charges are from the court for what looks like a divorce settlement. They knew about these charges for months though, so would they not have looked to resolve this before now? 

Tiglet2

housebuyer143 said:

The seller and I (no chain), agreed 1.5 weeks ago we wanted to complete on 25th March. The contracts have been signed and returned for weeks as well as all the enquiries having been satisfied and I am working with my solicitor to get the contracts exchanged now for this date.
I have been told today that the sellers solicitor has not responded to emails regarding exchanging. Is this normal? 

I know the title deeds have some charges on them that need to be removed before completion etc but can't understand what could be holding it up or why they wont respond. I speak to the seller who tells me they have notified their solicitor of the completion date they want also. 

You are not buying with these charges on the title.  So, before you exchange, your solicitor will need confirmation of the settlement amounts needed to redeem the charges.  The seller's solicitor needs the seller to provide contact address/telephone details of the charge holders and will need to contact them to obtain settlement statements.  They will then need to ensure that the sales proceeds will cover the charges and they will be required to send the owed amounts to the charge holders on completion.  They will also need to provide the evidence that the charges have been settled.  Your solicitor will need to send the evidence and the application to Land Registry to register you as the new owner.

As you can imagine, there could be quite a few parties involved in removing the charges, so it won't be a quick transaction.  Obviously your solicitor will have raised this as an enquiry months ago, but it does take time for the third parties to respond and action.  How long has your transaction been going on?

housebuyer143

Tiglet2 said:

housebuyer143 said:

The seller and I (no chain), agreed 1.5 weeks ago we wanted to complete on 25th March. The contracts have been signed and returned for weeks as well as all the enquiries having been satisfied and I am working with my solicitor to get the contracts exchanged now for this date.
I have been told today that the sellers solicitor has not responded to emails regarding exchanging. Is this normal? 

I know the title deeds have some charges on them that need to be removed before completion etc but can't understand what could be holding it up or why they wont respond. I speak to the seller who tells me they have notified their solicitor of the completion date they want also. 

You are not buying with these charges on the title.  So, before you exchange, your solicitor will need confirmation of the settlement amounts needed to redeem the charges.  The seller's solicitor needs the seller to provide contact address/telephone details of the charge holders and will need to contact them to obtain settlement statements.  They will then need to ensure that the sales proceeds will cover the charges and they will be required to send the owed amounts to the charge holders on completion.  They will also need to provide the evidence that the charges have been settled.  Your solicitor will need to send the evidence and the application to Land Registry to register you as the new owner.

As you can imagine, there could be quite a few parties involved in removing the charges, so it won't be a quick transaction.  Obviously your solicitor will have raised this as an enquiry months ago, but it does take time for the third parties to respond and action.  How long has your transaction been going on?

Thank you - its been going 5 months, but we signed the papers in Jan and everything was done - we were just waiting for monies for the purchase to come in. So I would have liked to think it would have been done by now.
The person named in the charge is the joint owner, and a joint client so I hope they can sort this quickly - as no one wants this dragging on any longer than it has. 

Thrugelmir

housebuyer143 said:

I know the title deeds have some charges on them that need to be removed before completion etc but can't understand what could be holding it up or why they wont respond. I speak to the seller who tells me they have notified their solicitor of the completion date they want also. 

I doubt that your seller wishes to discuss their personal business with you. I've always avoided having personal contact with buyers as achieves very little and tensions can soon rise. 

housebuyer143

Thrugelmir said:

housebuyer143 said:

I know the title deeds have some charges on them that need to be removed before completion etc but can't understand what could be holding it up or why they wont respond. I speak to the seller who tells me they have notified their solicitor of the completion date they want also. 

I doubt that your seller wishes to discuss their personal business with you. I've always avoided having personal contact with buyers as achieves very little and tensions can soon rise. 

I think it works really well, as long as each person is not crazy ha ha. Obviously not asking personal questions, this is just what I know from the docs the solicitor sent me.

Thrugelmir

housebuyer143 said:

Thrugelmir said:

housebuyer143 said:

I know the title deeds have some charges on them that need to be removed before completion etc but can't understand what could be holding it up or why they wont respond. I speak to the seller who tells me they have notified their solicitor of the completion date they want also. 

I doubt that your seller wishes to discuss their personal business with you. I've always avoided having personal contact with buyers as achieves very little and tensions can soon rise. 

I think it works really well, as long as each person is not crazy ha ha. Obviously not asking personal questions, this is just what I know from the docs the solicitor sent me.

The root of the issue is personal though, i.e. the charge. The seller knows full well what's going on. Agreeing with you is the easiest option for them.  There's also another party involved who I suspect you aren't in direct contact with.