Odd Solicitor requests...

Ribosome

So, I think we are nearing the final stages of selling our property after agreeing a sale back in late January / early February.

We were sent a solicitor pack in early February which we sent back on 15th February including:

Boiler service history, FENSA certificate, ID etc.

We got confirmation that everything was added to our file on the 18th February.

Yesterday I received and email from our solicitor, via the buyers solicitor, asking for these certificates and ID which we already sent.

There were also other enquiries, in legal, speak which we did not understand. Including these questions:

Could we have a copy of the deed from 2003? We have only lived in the house since 2016.

And

Could the seller confirm why they are selling after living in the property for a year? We have lived in the property since 2016.

Should I be concerned? Is our solicitor incompetent? 

canaldumidi

Sorry - I'm not 100% clear where the Qs originated. Your solicitor or the buyer's solicitor?

And the email came to you from the buyer's solicitor?

Your buyer's solicitor should not be contacting you at all. It is most unprofessional - indeed against their regulatory rules.

Forward their email to your solicitor and ask him to a) deal with the buyer's queries and b) ensure you are not contacted directly again.

Copy in the buyer's solicior.

Ribosome

canaldumidi said:

Sorry - I'm not 100% clear where the Qs originated. Your solicitor or the buyer's solicitor?

And the email came to you from the buyer's solicitor?

Your buyer's solicitor should not be contacting you at all. It is most unprofessional - indeed against their regulatory rules.

Forward their email to your solicitor and ask him to a) deal with the buyer's queries and b) ensure you are not contacted directly again.

Copy in the buyer's solicior.

Oh yes, apologies. The questions came from the buyers solicitor, to our solicitor, then to us.

My concern is these are questions we have provided answers to already, with documentation, three months ago.

Surely I'm paying my solicitor to do this. Why are these requests coming to me again?

Also some of the questions do not seem to be related to us at all. It's a bit odd. 

canaldumidi

OK - that's acceptable though somewhat incompetant.

Simply respond with

1)  xxx already provided

2) No copy of Deed available

3) have lived in property since 2016

Re 2) the deed will presumably be referred to in your property title. Jyst because it is dated earluer than your purchase does not invalidate it! You should have a copy from when you purchased. If you don't, say so.

Re 3) should be obvious from your property title- what does that show?

user1977

Your solicitor should be guiding you through this, not just acting as an expensive mailbox. 

Ribosome

user1977 said:

Your solicitor should be guiding you through this, not just acting as an expensive mailbox. 

Yes, this is my concern. Anything regarding any chasing up seems to be coming back to me.

We have already had some issues pinning down our Freeholder to deal with a Leasehold enquiry, but I did all the chasing. Luckily this coincided with some time off work.

I just don't like the idea of paying for a service which seems to involve a lot of my wife and I tying up loose ends. We just want it resolved before our mortgage offer runs out on 28th July. It's frustrating. 

user1977

The last query (and the repetition) suggests somebody has got your sale mixed up with another transaction. 

Tiglet2

It sounds like the buyer's solicitor has raised their enquiries - some are for you to answer, some from other third parties and some from your solicitor.  Perhaps they haven't highlighted the ones which they want you to answer. 

The enquiry about the deed from 2003 would be obtained by your solicitor from the Land Registry, provided LR have a copy. 

The enquiry regarding living in the property for only a year suggests that there might have been a person added or removed from the title (transfer of equity), which counts as a transfer and triggers a change on the title at Land Registry.

This is not indicative of an incompetent solicitor.

Ribosome

Tiglet2 said:

It sounds like the buyer's solicitor has raised their enquiries - some are for you to answer, some from other third parties and some from your solicitor.  Perhaps they haven't highlighted the ones which they want you to answer. 

The enquiry about the deed from 2003 would be obtained by your solicitor from the Land Registry, provided LR have a copy. 

The enquiry regarding living in the property for only a year suggests that there might have been a person added or removed from the title (transfer of equity), which counts as a transfer and triggers a change on the title at Land Registry.

This is not indicative of an incompetent solicitor.

Aaah, OK. That makes sense. We remortgaged in 2020 with my wife's name being added as joint owner. Still, that was two years ago, not one. 

The highlighting maybe correct as well. 
But still, just highlight the one's you think we can answer. I would.

Thank you. 

I'm a natural worrier. With interest rates going up I'd rather not have to renegotiate a new mortgage offer. We got locked into a pretty sweet deal before everything went a bit Pete Tong. 

PeterE17

Ribosome said:

Could the seller confirm why they are selling after living in the property for a year? 

My siblings and I registered my mother's house with the Land Registry when we obtained deputyship from the Court of Protection, prior to selling; we were then asked why we were selling six months after purchase. Ok, maybe that's excusable and needed explanation.

We were then asked to supply guarantees and Fensa certification for three doors and eight windows installed in a different house in the same street, but we refused. 

Ribosome

PeterE17 said:

Ribosome said:

Could the seller confirm why they are selling after living in the property for a year?

We were then asked to supply guarantees and Fensa certification for three doors and eight windows installed in a different house in the same street, but we refused. 

Wow. Oh dear.