Solictor issue - Grount Rent Increase / Deed of Variation

RedCannon94

Hey all.

Currently dealing with an increasing ground rent situation with our conveyancer. It's becoming more of a chore than it arguably should do. For some background, we're in rented property and have until September to get the move done. Few enquiries outstanding but the increasing ground rent situation is the main stumbling block.

Our solicitor has confirmed that we can take indemnity insurance out with our lender with no issues but is relucant to do so until he's exhausted all avenues in regardings to getting a deed of variation to change the contract. Fully understand the benefits of this being achieved vs just the insurance but both will satisfy the lender and allow us to complete.

The issue is that it could easily go on for another 12+ weeks as he's confirmed if a DoV occurs which obviously we cannot do.

If we decided that indemnity is fine for us, is the solicitor meant to follow our instruction on this? Feels like we may need to put our foot down as he doesn't recognise that there ARE timescales on our end and that if we need to pick the worse option (indemnity insurance) over a DOV, then so be it.

In short, is it OUR call?

CSI_Yorkshire

RedCannon94 said:

In short, is it OUR call?

Yours and the lenders, assuming the solicitor is working for you both.

The solicitor might get you to sign something to say "this action done against my advice" to cover themselves against a malpractice claim in future.

RedCannon94

CSI_Yorkshire said:

RedCannon94 said:

In short, is it OUR call?

Yours and the lenders, assuming the solicitor is working for you both.

The solicitor might get you to sign something to say "this action done against my advice" to cover themselves against a malpractice claim in future.

This is why we're confused with the whole thing. 

There's TWO options on the table which satisfy the lender (Indemnity Insurance / DoV (Which we haven't even had confirmation is possible)

We'd be happy to sign something if needed to get the insurance if a DoV isn't looking likely by a certain date. 

Just wanted to check where we stand because our personal situation simply isn't being taken into account by him. Appreciate legal process trumps that but when there's two options on the table which result in us getting the move by the time we ideally need, preference should be our choice.

RedCannon94

Confirmed twice now with the solicitor that the lender is happy with the indemnity policy. Still won't go with that until he's exhausted every mean to ensure the DoV isn't possible, even if it takes several additional weeks. 

Surely it's now our call on the approach and if we request to focus on the indemnity insurance, they need to follow this?

CSI_Yorkshire

Yes - with the paperwork caveat mentioned earlier.

user1977

RedCannon94 said:

Confirmed twice now with the solicitor that the lender is happy with the indemnity policy. Still won't go with that until he's exhausted every mean to ensure the DoV isn't possible, even if it takes several additional weeks. 

Surely it's now our call on the approach and if we request to focus on the indemnity insurance, they need to follow this?

You're the client - haven't you asked them this?