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Enquiries still ongoing

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Comments

  • propertyrental
    propertyrental Posts: 3,391 Forumite
    1,000 Posts First Anniversary Name Dropper
    Talk about drawing teeth...

    Which if any of the above enquiries have been answerd?
    Which have not ben answered and are outstanding?
    Which answers do your solicitor feel are 'inadequate? What exactly are those 'inadequate' answers?

    If you want help your really need to provide a dull account of what's happening.

    You are also going to have to provide details (ie quotes) of the various relevant documents eg transfers, planning applications etc.

    user1977 said:
    user1977 said:
    Haven't you been given any detail about what these enquiries are and why the responses are "inadequate"?

    Why do you have "no recourse" about the end of your tenancy? Have you served notice?
    My solicitor sent me a copy of the enquiries raised and I've been told the responses were not satisfactory, that's all.
    Ok, so what are those enquiries? They might be things you can take a view on.

    We now wish to raise the following enquiries:

    1. Please ask your clients to confirm that the covenants and conditions affecting the property
    as per the Transfer dated XXXXX 1993, have been observed and performed in full and
    there have been no breaches what are the covenants within the 1993 transfer?
    2. Please confirm that there has been a free exercise of the rights granted, as referred to in the
    Transfer dated XXXXXX 1993  as above
    3. Please confirm that there has been no adverse exercise of the rights reserved, as referred to
    in the Transfer dated XXXXX 1993  as above

    Contract
    4. Please insert our clients full name as XXXXXXXXXXXXXXXXXXXXX  has this been done? If not, have they just used your initials? Or what?
    5. Please update the title number in the Property and Title Number section as XXXXX  has this been done? Is the title number missing? Wrong? or what?
    6. Please remove reference to the DX in the Notices section and insert our reference as
    XXXXXX  has this been done?  
    Property Information Form
    7. Please ask your client to answer 4.7(b)  has the seller responded? If not, why not get their estate agent to chase? Or better still, why not check yourself with the local authority?
    8. Please ask your client to answer 11.5   has the seller responded? If not, why not get their estate agent to chase?
    9. Please confirm that your client has not installed a boiler during their ownership  has the seller responded? If not, why not get their estate agent to chase?
    10. Please confirm that your client has not been called upon to contribute towards the
    maintenance/upkeep of the shared boundaries  has the seller responded? If not, why not get their estate agent to chase?

    Environmental Search
    11. We note the property is within close proximity to an existing or proposed wind farms or
    wind turbines/solar farms/power stations. Is the seller aware of the same and has it
    impacted the sellers use and enjoyment of the property? has the seller responded? If not, why not get their estate agent to chase? Better still you could easily research this (in fact I'd advise it!) Visit the house at various times of day and see if the wind farm is noticeable or a problem

    Local Search
    12. Please provide all planning permissions/documentation for the below entries revealed in our
    Local Search:

     Site Specific -
    XXXX
    Demolish Existing Building And Erect 37 Dwellings, Two Blocks 18 X 1 Bed And 4 X 2
    Bed Flats, 11 X 2 Bed And 4 X 3 Bed Houses.
    Approved Subject To Conditions 15/06/1992
    Registered 19/06/1992
    XXXX
    Erection Of Two Pairs Of Semi-Detached Houses (Amended Scheme In Place Of 4
    Terraced Houses).
    Approved Subject To Conditions 27/02/1992
    Registered 25/11/1992
    XXXXX
    Amendment To Approved Scheme To Form 3 No. 2 Bedroom Flats In Place Of 3 No. 1
    Bedroom Flats.
    Approved Subject To Conditions 20/04/1993
    Registered 04/05/1993
    has the seller responded? Have you looked at the various Planning appllcations etc yourself? Common sense to review them yourself

    13. Please provide the FENSA certificates for the 3 windows installed XXXX2011:
     XXXXX
    3 Windows
    Notified XXXX/2011
    Certificate Issued XXXX/2011
    Completed XXXX2011
    No further details available
    and what exactly would you do if there were no FENSA certificates for these 12 year old windows.......?

    14. Please provide the boiler installation certificate dated 2009
    Other
    and what exactly would you do if there were no installation certificate for this 14 year old boiler.......? Far more relevant would be a recent boiler service. Is there one?
    15. Please advise whether your client is willing to have the gas and electrics tested prior to
    completion
    when they say 'no', which is likely, will you a) pay for tests yourself b) proceed without tests or c) withdraw from the purchase?
    16. We attach draft TR1 for approval
    17. Please provide a completed TA13

    My advice would be to decide which or the enquiries is critical and which are 'nice to haves'. Then instruct your solicitor to ignore the latter and proceed to Exchange.

    Use the EA to chase the criticalones.

    Oh And since you are about to spend £X00,000 of your money, start doing a lot of research yourself on what it is you are paying for (eg check out the Planning, the wind farm etc


  • user1977
    user1977 Posts: 18,487 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    And which ones have inadequate answers?  What were the answers and why were they inadequate to your solicitor?

    We can't help you when you drip-feed minimal information.


    By looking at the questions, I don't think they were asking the earth. 
    I'd also say it's pretty pointless asking for 30 year old planning documents sometimes.
    Especially if (as we had on a recent similar thread) the planning docs are all available for anyone to download for free on the council website.

    OP, you'd be best to have a conversation with your solicitor about whether they can just call it a day with the enquiries and move on towards exchange, or if they actually have concerns about anything.
  • MultiFuelBurner
    MultiFuelBurner Posts: 2,928 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    How busy is your solicitor at the moment. It will make.a difference as well as how busy and (if the vendors solicitors are cheap and rubbish).

    You can just keep the pressure on your end as much as possible but it's tough to get the wheels spinning faster.

    What is your adversion to risk? What out of those outstanding questions bothers you if any at all?
  • Flugelhorn
    Flugelhorn Posts: 7,465 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    My solicitor was a good one for chasing the vendor's solicitor for this sort of thing, also used to explain to them where to find the required items. 

    I doubt you'll get moved by the end of the month but then you probably realise that 
  • Ksw3
    Ksw3 Posts: 405 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    edited 19 June 2023 at 8:40PM
    Enquiries are hell. Took 4 months to settle them in the end when we bought. You have my sympathies. I do hope it works out probably best to call your solicitor and go through exactly what remains. 
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