No contract pack received from seller solicitor after 6 weeks from offer being accepted

gelato_cat

LuisaV said:

After over a month, we did not receive the contract pack, I contacted their solicitor and found out the seller did not instruct them. The EA said that  the seller had changed solicitor because they were keen to speed things up and even if this is causing delays in the long run it would be quicker process.

The sellers' actions (or lack thereof) suggest that they haven't prioritised this sale for some reason, and unfortunately they haven't explained what that reason is.  It could just be that they have never been through the conveyancing process and are overwhelmed by it.  In the absence of any real explanation, I think you can only go on the facts - they've accepted your offer but according to your solicitor they haven't done much to progress the transaction.

Also, what the EA said isn't logical - the sellers didn't change solicitor: they didn't instruct one in the first place.  The EA is blaming a non-existent solicitor for the bottleneck.

Are you sure they don't need to apply for probate?  Because if they need probate and don't have it, they can't proceed yet.

TBagpuss said:

f the house was owned by someone who has died, then it's highly likely that the sellers won't know a lot of things - unless their relative  / friend was very organised in relation to paperwork then they may well have no idea whether there are any guarantees or insurance or paperwork. It's extremely common in those situations for the property information forms to come back with lots of sections marked as 'not known'.

...

I think you probably need to assume that you don't get any information about the spray foam and start deciding what that means. Are you going to look elsewhere, is there any form f insurance that might be available, can it be removed and if so at what cost ? and then decide how you want to proceed. 

I agree with this - the foam insulation info you're waiting for may never come, so it would be a good idea to look at all the possible scenarios and corresponding options, and decide which one(s) you would be prepared to go with.

LuisaV

Suzey said:

LuisaV said:

After over a month, we did not receive the contract pack, I contacted their solicitor and found out the seller did not instruct them. The EA said that  the seller had changed solicitor because they were keen to speed things up and even if this is causing delays in the long run it would be quicker process.

The sellers' actions (or lack thereof) suggest that they haven't prioritised this sale for some reason, and unfortunately they haven't explained what that reason is.  It could just be that they have never been through the conveyancing process and are overwhelmed by it.  In the absence of any real explanation, I think you can only go on the facts - they've accepted your offer but according to your solicitor they haven't done much to progress the transaction.

Also, what the EA said isn't logical - the sellers didn't change solicitor: they didn't instruct one in the first place.  The EA is blaming a non-existent solicitor for the bottleneck.

Are you sure they don't need to apply for probate?  Because if they need probate and don't have it, they can't proceed yet.

TBagpuss said:

f the house was owned by someone who has died, then it's highly likely that the sellers won't know a lot of things - unless their relative  / friend was very organised in relation to paperwork then they may well have no idea whether there are any guarantees or insurance or paperwork. It's extremely common in those situations for the property information forms to come back with lots of sections marked as 'not known'.

...

I think you probably need to assume that you don't get any information about the spray foam and start deciding what that means. Are you going to look elsewhere, is there any form f insurance that might be available, can it be removed and if so at what cost ? and then decide how you want to proceed. 

I agree with this - the foam insulation info you're waiting for may never come, so it would be a good idea to look at all the possible scenarios and corresponding options, and decide which one(s) you would be prepared to go with.

When our offer was accepted the EA said that the sellers were using the EA in house law firm and recommended us to do the same. We said we did not want to use them, based on the horrific reviews they had. When the memo of sale was not being issued the EA excuse was that the sellers were not confirming their solicitors which was completely incoherent with what they have told us initially. When I called the firm they could not find the file for that house and said it was not with them and the call dropped. When I called back they thought I was the seller because they said her name but when I clarified I was the buyer they obviously refused to give me info. 
I don`t know if the seller never instructed that solicitor and the solicitor called the EA, since they are the same company, to find out about this address or if the sellers actually did instruct them but the EA did not informed us that they changed it.  

Regarding the foam, I think we want it to be removed to assess if there are further damages. If they refuse, we may consider asking them to drop the price for the amount it would cost us to replace roof and timber frame but at this speed by the time we get to negotiate that, we may as well find another place to buy. 

The EA said that the house was their parents house that they inherited and rented out for a number of years. I assumed that they had all the paperwork because they have been renting it.

The thing I don`t understand is why they would waste so much time knowing that we cannot buy their house because of the foam, if they do not have this documents. 

user1977

They wouldn’t need to know anything about the foam in order to rent out the house.

fackers_2

LuisaV said:

Hi all,
I hope someone here could advice on this awful situation we have been experiencing.
The Estate Agent recommended us to view a property, we weren`t keen on it initially, but it turned out to be the right one for us. It is a freehold, inherited, ex rental and vacant property, so no chain and no probate, we are first time buyers. The EA did not answer any questions we requested from the seller but because we liked the house so much we made an offer. It took them over 3 working days and a lot of prompting to tell us the offer was accepted.  Again, it took a lot of prompting for the EA to release the memo of sale( sellers chose the EA law firm and we provided ours on the same day our offer was accepted) and the EA did not mark the house as SSTC until we threatened to pull out after over a week. The memo they have sent was full of incorrect details, and as of today after 5 memo of sales they still did not get it right, but it is good enough for our solicitor to identify the seller`s solicitor so we haven`t bothered to try again getting it amended.
We arranged mortgage and survey a month ago, and it turns out the house has spray foam insulation in the roof so the mortgage offer is conditional of the seller providing paperwork and backed insurance warranty for the foam. EA is not giving any clarity on this despite us asking over and over, they do not reply to our emails but only called back us saying that this is a question for the solicitors and we are not sure whether they asked the sellers or not about this but they said that sellers did not live in the property so probably they are looking for it....... 
After over a month, we did not receive the contract pack, I contacted their solicitor and found out the seller did not instruct them. The EA said that  the seller had changed solicitor because they were keen to speed things up and even if this is causing delays in the long run it would be quicker process.
3 weeks and few memo of sales since they have changed solicitor and we are still waiting for the draft contacts. My solicitors said that the sellers` solicitor has informed them they are waiting for the sellers to submit the property information forms. The EA said that the sellers have submitted them on Tuesday this week but the solicitor was out of the office. Again, the EA did not reply to our emails but used telephone call to give us these communication. Obviously we are inclined to think the EA is lying but we do not understand why. We believe the sellers have all the intention to sell as quickly as possible, the house was vacant since last September and the sellers stopped looking after the garden since they have agreed the sale to us. 
We are obviously trying to look elsewhere but cannot find a house we like as much as this one so far. 
We just don`t understand what is going on and why it has been a constant struggle with this house since the very beginning and we are still sitting on "square one". 
Does anybody have thoughts on what it may be the issue? We know the sellers are brother and sister and the sister is less responsive than the brother. 
The spray foam is a massive issue, if they do not have the correct paperwork there is not mortgage and no sale, they must know whether they have it or not.
Please help!

Ergghhh. Took us 2 weeks to get memo of sale. 

EA acting above their station wanting everything except kitchen sink to qualify us. 🙈

your situation sounds awfully annoying. 

LuisaV

Suzey said:

LuisaV said:

After over a month, we did not receive the contract pack, I contacted their solicitor and found out the seller did not instruct them. The EA said that  the seller had changed solicitor because they were keen to speed things up and even if this is causing delays in the long run it would be quicker process.

The sellers' actions (or lack thereof) suggest that they haven't prioritised this sale for some reason, and unfortunately they haven't explained what that reason is.  It could just be that they have never been through the conveyancing process and are overwhelmed by it.  In the absence of any real explanation, I think you can only go on the facts - they've accepted your offer but according to your solicitor they haven't done much to progress the transaction.

Also, what the EA said isn't logical - the sellers didn't change solicitor: they didn't instruct one in the first place.  The EA is blaming a non-existent solicitor for the bottleneck.

Are you sure they don't need to apply for probate?  Because if they need probate and don't have it, they can't proceed yet.

TBagpuss said:

f the house was owned by someone who has died, then it's highly likely that the sellers won't know a lot of things - unless their relative  / friend was very organised in relation to paperwork then they may well have no idea whether there are any guarantees or insurance or paperwork. It's extremely common in those situations for the property information forms to come back with lots of sections marked as 'not known'.

...

I think you probably need to assume that you don't get any information about the spray foam and start deciding what that means. Are you going to look elsewhere, is there any form f insurance that might be available, can it be removed and if so at what cost ? and then decide how you want to proceed. 

I agree with this - the foam insulation info you're waiting for may never come, so it would be a good idea to look at all the possible scenarios and corresponding options, and decide which one(s) you would be prepared to go with.

We have finally received the contract pack which has very little information and no warranties or documents about the property. The sellers do not know anything at all and surprise, surprise...it is a probate property!...we have subsequentily asked the EA to ask the sellers if they are willing to remove the foam and over 2 weeks have gone by and we still haven't received an answer. Again, we are actively looking for an alternative property but the biggest frustration is with the Estate Agent who is really behaving in such an appaling way towards us and constantly stalling for time instead of clearly explaining what is going on. 

gm0

EA doesn't work for you.  Tune out. Don't let their situational blether keeping you on the hook at low effort upset you.

Property packs are always disappointing.  Their solicitor will have recommended don't know wherever there wasn't clarity and evidence trail with their names on.  Very much a waste of time and lawyer make work.  It is what it is.  You seldom get anything worthwhile by way of seller commitments from them.

You need to be clear on the price for similar "already done up" locally.  And the price for doer uppers. And happy with where your offer sits between, or below the low. (assuming a roof, wiring, plumbing, floors, full refurb is what is happening next).

It's a tough situation to be in not being clear about a roof - as a more modest refurb might suit using the house for another 20-30 years.  And still leave it mid-market.  But you clearly don't want to refurb it and then take the roof off in our climate.

FWIW - they would be mad to commission works to remove insulation and risk it being done sloppily - causing damage in the act of doing it.  And being unable to meet a standard to claim negligence.  And then uncovering that it was largely OK vs age but now there *are* repairs to felt, battens, tile pinning because of the disruption of removal.

And starting that roof works journey by "pulling that thread" - which can quickly drop the project directly into stop - "better do the lot".   They likely aren't in the game of doing the building project.  So that outcome, pre-exchange, is a disaster for them.  So they should not do it.  I wouldn't.  Expect a long wibble. And then refusal.  And they may have to accept (if unmortgageable) cash buyer or auction route.

Singlemummy_2

We have finally received the contract pack which has very little information and no warranties or documents about the property. The sellers do not know anything at all and surprise, surprise...it is a probate property!...we have subsequentily asked the EA to ask the sellers if they are willing to remove the foam and over 2 weeks have gone by and we still haven't received an answer. Again, we are actively looking for an alternative property but the biggest frustration is with the Estate Agent who is really behaving in such an appaling way towards us and constantly stalling for time instead of clearly explaining what is going on. 

Shouldn’t this question be asked by your solicitor rather than the EA?

pinkteapot

What stage are they at with probate, now they've finally admitted it is going through probate? It could take months.

If there's no paperwork for the spray foam, it's a non-starter if you need a mortgage (I can almost guarantee they won't get the foam removed) and you'd be limited to cash buyers in future if you sell. Walk away. 

If paperwork for the foam appears, keep going on this house but view others in the meantime and if you find one in an actual proceedable position then offer on that and pull out of this. 

Agree with above: Remember that the EA is a salesperson who works for the seller. They are not on your side. They'll say anything to keep the deal alive, even if it's not in your interest. The only person looking out for you is your solicitor. 

Mutton_Geoff

LuisaV said:

Hi all,
I hope someone here could advice on this awful situation we have been experiencing.
The Estate Agent recommended us to view a property, we weren`t keen on it initially, but it turned out to be the right one for us. It is a freehold, inherited, ex rental and vacant property, so no chain and no probate, we are first time buyers. The EA did not answer any questions we requested from the seller but because we liked the house so much we made an offer. It took them over 3 working days and a lot of prompting to tell us the offer was accepted.  Again, it took a lot of prompting for the EA to release the memo of sale( sellers chose the EA law firm and we provided ours on the same day our offer was accepted) and the EA did not mark the house as SSTC until we threatened to pull out after over a week. The memo they have sent was full of incorrect details, and as of today after 5 memo of sales they still did not get it right, but it is good enough for our solicitor to identify the seller`s solicitor so we haven`t bothered to try again getting it amended.
We arranged mortgage and survey a month ago, and it turns out the house has spray foam insulation in the roof so the mortgage offer is conditional of the seller providing paperwork and backed insurance warranty for the foam. EA is not giving any clarity on this despite us asking over and over, they do not reply to our emails but only called back us saying that this is a question for the solicitors and we are not sure whether they asked the sellers or not about this but they said that sellers did not live in the property so probably they are looking for it....... 
After over a month, we did not receive the contract pack, I contacted their solicitor and found out the seller did not instruct them. The EA said that  the seller had changed solicitor because they were keen to speed things up and even if this is causing delays in the long run it would be quicker process.
3 weeks and few memo of sales since they have changed solicitor and we are still waiting for the draft contacts. My solicitors said that the sellers` solicitor has informed them they are waiting for the sellers to submit the property information forms. The EA said that the sellers have submitted them on Tuesday this week but the solicitor was out of the office. Again, the EA did not reply to our emails but used telephone call to give us these communication. Obviously we are inclined to think the EA is lying but we do not understand why. We believe the sellers have all the intention to sell as quickly as possible, the house was vacant since last September and the sellers stopped looking after the garden since they have agreed the sale to us. 
We are obviously trying to look elsewhere but cannot find a house we like as much as this one so far. 
We just don`t understand what is going on and why it has been a constant struggle with this house since the very beginning and we are still sitting on "square one". 
Does anybody have thoughts on what it may be the issue? We know the sellers are brother and sister and the sister is less responsive than the brother. 
The spray foam is a massive issue, if they do not have the correct paperwork there is not mortgage and no sale, they must know whether they have it or not.
Please help!

How many red flags do you need?

LuisaV

They said that the probate is with the probate office progressing. No information whatsoever was given about when the application was submitted.
I appreciate the EA works only for the seller but they still could have a clear line of communication with us about what is going on. We made the decision to walk away long time ago but since we spent money on this house already, we want to fully understand what is actually going on before we pull out and possibly make a complain to the EA.

I also appreciate that nobody knows about this particular spray foam but every other EA we have spoken to, knows the consequences of having spry foam and it is beyond me how this matter is taking 2 months to answer a simple question. The EA has been clearly stalling for time and their behaviour is literally a joke.

Removing the foam should cost between 1500 and 3000, there is definitely a risk of finding out the timber frame in the roof is already damaged, however it may not be damaged at all. Selling to a cash buyer could result in a bigger loss that investing a couple of grands into making the property easier to sell.

 We did not use the solicitors to ask this question because we have already lost money in the process, also our solicitor said that this is a question for the Estate Agent to discuss with the sellers.