Buying no chain property, can't completed after 9 months. Should I change solicitor?

ming0705

I placed an offer on a property and have been accepted by seller in July 2021, then my solicitor has started the conveyancing process. 

I think no one would disagree the contract could be exchanged in October 2021. However, in Oct 2021, I was notified there was a missing page in title deed, from both seller, seller's solicitor and Land Registry.

My solicitor was working to ask the seller's solicitor to find the missing page, but it hasn't been found for a long time. I asked my solicitor to try asking the developer (this was a new build in 2015, and I know which developer) to find out the missing page, and finally it has been found by the developer in March 2022.

Then a new problem created. There is a Freehold Management Enquiries form (FME1). In section 2.3: "Is the incoming Owner required to take a share in, or become a member of. the Mangement Company?", the answer is Yes and "Seller needs to provide their old share certificate or a lost share indemnity & Stock Transfer form". My solicitor stick on this point and keep on asking seller's solicitor to provide such information, causing further delay on the process. Seller and their solicitor told it is not required. 

Then I asked the management company about this question. The management company gave me an immediate reply that this answer should be No. 

Then I sent the revised FME1 to my solicitor, and keep on asking when it could be completed. But the secretary of my solicitor told me they could ONLY accept the seller's solicitor to send such document to them.

After 1 day, on the day before easter holiday, my solicitor started to charge me GBP25 plus VAT per each enquiries.

The question is, why my solicitor can't spot on the mistake from this FME1?

Can my solicitor charge such fee on enquiries? How can they treat their customer?

Did I do any wrong in the whole process?

Should I change the solicitor to complete this purchase?

penners324

The solicitor will charge as per the quote and contract you have with them.

Your solicitor may deem the FME1 form important, surely only the seller can answer the questions on the fme1?

ming0705

penners324 said:

The solicitor will charge as per the quote and contract you have with them.

Your solicitor may deem the FME1 form important, surely only the seller can answer the questions on the fme1?

The seller, seller's solicitor and management company give the same answer No in this question, so this should be no doubt. 

steampowered

Get the seller to get their solicitor to send the updated FME1 to your solicitor.

GDB2222

"Did I do any wrong in the whole process?"  That's not the right question, really. Some properties take a lot of time and work to sort out.  What would help is if you find out more about the conveyancing process, so you understand what is going on better. 

Some of your comments seem very odd to me. or example:

"Seller needs to provide their old share certificate or a lost share indemnity & Stock Transfer form". My solicitor stick on this point 

Why do you think this is not necessary?

TBG01

My solicitor stick on this point and keep on asking seller's solicitor to provide such information, causing further delay on the process

How is following the correct procedure causing further delays?

Seller and their solicitor told it is not required. 

Based on what? Simply replying "No" isn't a response.

Then I asked the management company about this question. The management company gave me an immediate reply that this answer should be No.

So why is it in there in the first place? And bare in mind most FME1 forms are standard for that set of managed properties. 

Then I sent the revised FME1 to my solicitor, and keep on asking when it could be completed. But the secretary of my solicitor told me they could ONLY accept the seller's solicitor to send such document to them.

Which is correct. 

The question is, why my solicitor can't spot on the mistake from this FME1?

Because as far as they know there isn't a mistake

should be no doubt.

Two sets of forms saying two completely different things is doubt. 

ming0705

TBG01 said:

My solicitor stick on this point and keep on asking seller's solicitor to provide such information, causing further delay on the process

How is following the correct procedure causing further delays?

Seller and their solicitor told it is not required. 

Based on what? Simply replying "No" isn't a response.

Then I asked the management company about this question. The management company gave me an immediate reply that this answer should be No.

So why is it in there in the first place? And bare in mind most FME1 forms are standard for that set of managed properties. 

Then I sent the revised FME1 to my solicitor, and keep on asking when it could be completed. But the secretary of my solicitor told me they could ONLY accept the seller's solicitor to send such document to them.

Which is correct. 

The question is, why my solicitor can't spot on the mistake from this FME1?

Because as far as they know their isn't a mistake

should be no doubt.

Two sets of forms saying two completely different things is doubt. 

Management company has already revised the FME1, I think there is no point to challenge them. I don't know when they make a mistake. 
The whole process takes 9 months which is far over my tolerance period, and I have to keep on paying rent to the seller to occupy in the property. If my solicitor can spot on the problem and communicate with management company, it isn't necessary that I communicate with them and get a revised FME1

ming0705

GDB2222 said:

"Did I do any wrong in the whole process?"  That's not the right question, really. Some properties take a lot of time and work to sort out.  What would help is if you find out more about the conveyancing process, so you understand what is going on better. 

Some of your comments seem very odd to me. or example:

"Seller needs to provide their old share certificate or a lost share indemnity & Stock Transfer form". My solicitor stick on this point 

Why do you think this is not necessary?

Management company told it is not necessary, and revised the FME1. I think there is no point to challenge them.
Seller also don't have such document.

GDB2222

Seller can easily provide the indemnity.

Your solicitor has a duty to your lender.

canaldumidi

ming0705 said:

....
The whole process takes 9 months which is far over my tolerance period,

I can appreciate why your tolerance is running out, but you have explained that:

....ask the seller's solicitor to find the missing page, but it hasn't been found for a long time. I asked my solicitor to try asking the developer (this was a new build in 2015, and I know which developer) to find out the missing page, and finally it has been found by the developer in March 2022.

That was unfortunate. Not your fault. Not your solicitor's fault. Indeed your solicitor was protecting you by waiting for the missing page.

and I have to keep on paying rent to the seller to occupy in the property...

??? Unusual to move in before buying, however you are paying for somewhere to live. I don't know if you are buying the property for cash, or wiith a mortgage, but if cash, then you are earning interest on it (hopefully!!), and if a mortgage you are saving on mortgage repayments.

Yes, it's a long time, but when issues arise, some purchases take a long time.

Ath_Wat

Why has the seller's solicitor not gone back to the Management Company, got them to correct the form, and sent it to your solicitor?  That's what needs to happen, and that's what your solicitor is telling you needs to happen.  They can't accept an amended form from you, for reasons that should be obvious. 

ming0705 said:

 I have to keep on paying rent to the seller to occupy in the property. 

Oh, wait.  I think I see why the seller is in no rush now. It is them you need to be angry with though, not your solicitor.