Solicitor didn't request mortgage funds in time

whatuk65

Hey, 

I wonder if people can offer some advice. We've had a nightmare time with our solicitor buying our new home.

Long story short the person dealing with our purchase left/got the sack last Friday, and it turns out they didn't request the funds for our mortgage until the day of completion (Friday 29th) instead of the day before (Thursday 27th). Because of this, the person who has taken over from them is advising us not to exchange until they have the funds on Friday, because if we exchange and then the funds are delayed on Friday this may delay completion until Monday, so we would incur fees, interest, hotel fees, removals. They have openly admitted that if they were to have been handling our case from the beginning they would have requested funds for the day before (Thursday 28th). 

Our question is, surely the solicitor should be covering any fees, not us, as it's their mistake?

HELP!

ACG

Whilst they have made a mistake, they have done what they can to mitigate the costs. 
Had you already exchanged, 100% they would be liable. But if you exchange, you are doing so in the knowledge that you may end up being in breach of contract.

Who is the lender? Most lenders, ask for 5 working days but do not need it. 

whatuk65

Newcastle are the lender, and they've said again and again that the funds will be available on Friday. It's just when on Friday that is the unknown. And if it's 5pm then we won't be able to complete in time. 

user1977

As above, you can't really choose to enter into the contract against the solicitors' advice, and then still claim the costs from them if things go t1ts-up.

ACG

I wont say cast iron 100% it will be ok. But I am 99% sure it will be. Little building societies are normally more flexible with things like this. 
Also you will probably know by 3pm.