Do we have enough time to complete?

RNM_92

We're trying to buy a house after my fiancé inherited after his mum sadly passed away, but things are not moving quickly thanks to his brother messing about (he's buying my fiancé out of their mum's flat, which needs to happen so we can buy our house). He's always been lazy and done the absolute bare minimum to get by and has zero motivation to do things. We've literally had to sit on him with every single thing during this process in order to make sure he does said things. We did miraculously get his mortgage sorted but it turns out he never sent the initial forms and payment back to his solicitor, despite asking him if he'd done it. He said he'd done it when we asked, only for him to then tell us mid December that he hadn't actually done it (he was sent the forms back in October!). My fiancé then came down on him like a ton of bricks and ordered him to send them in, which he eventually did, and we were hoping his solicitor would finally get started on the searches. I thought I'd better check this week though as he clearly can't be trusted, and nope, they STILL haven't done anything yet because he hasn't confirmed the title deeds for the flat are correct. We asked him and he said they'd started the searches. Well clearly they haven't! Either he's lying or the solicitor isn't actually communicating with him. We're going to make sure he confirms with them today that the title deeds are correct.

Anyway I'm getting really really stressed because the way the mortgage market has gone, if we run out of time with our mortgage offer we will be priced out of buying a property and stuck renting for god knows how long (plus our landlord is selling soon just to add even more pressure and stress). We have four months left which I know is quite a while, but I've no idea how long it will take for his solicitor to do all the searches and everything else that needs doing, so we can complete the purchase. I've tried asking my solicitor for a time frame but I keep getting vague answers. Does anyone know how long it will likely take to get to completion from this point? How likely is it that everything will be done before four months and do I have a reason to worry?

Btw we're pretty much done on our end, solicitor has done everything and we've signed and sent our contracts back. I assume our sellers have done everything too as they've been on the ball so far, but will probably check. They are not buying a property so there's no further chain.

Tiglet2

Sorry to be the bearer of bad news, but it is obvious your solicitor can't give a time frame, because your transaction is dependent upon your fiance's brother.  The brother is dictating the pace of the conveyancing and neither his, nor your, solicitor can do anything to speed him up.

From what you've described, the conveyancing hasn't really got off the ground and is still very early stages, so 4 months is going to be extremely tight. 

Unfortunately, no-one can tell you how long it will take, only that there are many obstacles which could cause delays.  The flat is leasehold so there will be a lot of information needed from the freeholder/management company and they are often very slow to provide answers to queries.  After all, they don't care how long it takes, it doesn't affect them.  Leasehold takes longer than freehold transactions. If there any legal title issues, these will need to be satisfactorily answered too and at the moment it doesn't look like any relevant information has been received.

I am wondering though whether the brothers are both on the title of mum's flat.  If they both are on the title it would be easier and quicker if the transaction was simply a re-mortgage and a transfer of equity.

You are right to be worried.

diystarter7

OP

How long is a piece of string?
Comm with solictor and demand what is happening and in their estimation how long it should take all being well.

Re your OH "coming down like a ton of bricks," IMHO, that type of action often results in resentment, a person feeling belittled/etc and possibly bro is teaching you a lesson. 

Good luck.