Problems with expedited conveyancing

System

This discussion was created from comments split from: Expedited conveyancing.

realitybites

I was looking for some advice of a legal nature regarding an expedited service. We were in a chain and did take the expedited service. It was promoted as a 5 week service. 13 weeks later the sale was at 50% and our buyer had pulled out due to the time they were taking. We paid £600 extra for this service. It was also promoted as if the service goes over the 5 weeks they would refund at £100 + VAT per week they went over and are now refusing to refund us. Is there anywhere to turn, maybe an Ombudsman to contact. Any help will be greatly appreciated.

eddddy

realitybites said:

I was looking for some advice of a legal nature regarding an expedited service. We were in a chain and did take the expedited service. It was promoted as a 5 week service. 13 weeks later the sale was at 50% and our buyer had pulled out due to the time they were taking. We paid £600 extra for this service. It was also promoted as if the service goes over the 5 weeks they would refund at £100 + VAT per week they went over and are now refusing to refund us. Is there anywhere to turn, maybe an Ombudsman to contact. Any help will be greatly appreciated.

(It's generally better to start a new thread, if you have a new question.)

Has the conveyancer explained why they won't refund you?

Presumably the contract explains the circumstances in which they will refund £100 per week. Is the conveyancer saying those circumstances haven't been met? Do you disagree?

I guess in simple terms, does the contract have so many conditions and caveats that it's almost impossible to get the refund of £100 per week?



Essentially, you'll really need to show that the conveyancer has breached the contract, by refusing to refund the £100 per week.

MultiFuelBurner

https://www.legalombudsman.org.uk/

Tiglet2

realitybites said:

I was looking for some advice of a legal nature regarding an expedited service. We were in a chain and did take the expedited service. It was promoted as a 5 week service. 13 weeks later the sale was at 50% and our buyer had pulled out due to the time they were taking. We paid £600 extra for this service. It was also promoted as if the service goes over the 5 weeks they would refund at £100 + VAT per week they went over and are now refusing to refund us. Is there anywhere to turn, maybe an Ombudsman to contact. Any help will be greatly appreciated.

I'm not really sure how an expedited service with a promise of a 5 week turnaround can work, when you're in a chain and also relying on other third parties.  Your solicitor may be very responsive and quick, but they will have absolutely no influence on any third party turnaround times.

You really need to scrutinise the terms and conditions of the expedited service. Conveyancing is almost impossible to do in 5 weeks unless it is a completely trouble free, easy transaction, but very few actually fall into that category.

MultiFuelBurner

It sounds like an UNDELIVERABLE service imo. Surely this conveyancing legal company have the contract bolted down so you get nothing?

But still lodge a complaint and check that ombudsman link I posted above.

eddddy

realitybites said:

We were in a chain and did take the expedited service. It was promoted as a 5 week service. 13 weeks later the sale was at 50% and our buyer had pulled out due to the time they were taking. We paid £600 extra for this service. It was also promoted as if the service goes over the 5 weeks they would refund at £100 + VAT per week they went over and are now refusing to refund us. .

A quick google shows up a conveyancing firm that offers expedited conveyancing for an extra £600. They say:

Fast Conveyancing - exchange your property in just 5 weeks

All the benefits of MuveForward, but Fast

Innovative search indemnity product reduces the wait for searches by up to 90%

Price Guarantee - upgrade to muveFast and exchange in 5 weeks for a freehold and 8 weeks for a leasehold, and we guarantee that if we are not ready to exchange our side within 5 weeks, we will deduct £100 for every week we run over.

Link: https://muve.me.uk/services

Is that the company you used?

If so, that product / guarantee only seems to apply to purchases.

It sounds like you were buying and selling - and the delay was with the sale not the purchase. So I suspect that the guarantee won't apply.



But if the problem was with your purchase, there are a list of conditions. Is the conveyancing company saying you didn't meet the conditions? Their conditions include things like:

• The Target Date will be an agreed number of days from the date that the last of the following documents have been provided to us: initial deposit, ID & documents/verification, completed Welcome Pack, Memorandum of Sale (this date is the ‘Start Date’);

• Where you are using a mortgage to purchase a property, you have 15 working days from the Start Date for the Mortgage Offer to be provided to us by your lender, following which the Target Date will extend by one working day for each working day the Mortgage Offer is further delayed

• Where we require signed documents from you, e.g. Contract, Transfer form, Mortgage Deed, we ask that you return these to us within 2 working days (if you are going to be out of the country, or away from email access and a printer, please notify us in advance since we reserve the right to cancel the Guarantee should you fail to meet these obligations);

• Once we near exchange, we will ask you to confirm that you are ready to exchange and we require that you use best endeavours to provide such authority as soon as possible;

• In the event that there is a chain of properties linked to your transaction, the Target Date applies to us being ready to Exchange (rather than actual Exchange);

• We will recommend to you a search indemnity product and any refusal to accept an indemnity will cause the Guarantee to cease to apply.

Link: https://www.muve.me.uk/terms-and-conditions

 

deano2099

Only worth it if there's no chain and both the buyer and seller agree to use such a service. 

london21

Might just be a way to make money for the conveyancing company unless straightforward no chain, no waiting for searches for example auction purchase that the searches have already been done. 

eddddy

london21 said:

....no waiting for searches for example auction purchase that the searches have already been done. 

It's more likely that they don't do searches - you have to buy Search Indemnity insurance instead.

(That's certainly what the company I mentioned above do.)

realitybites

Thanks for the input, very helpful. Yes that is the company. They have asked me to refer to sections 8 and 9. As I say, they were only 50% of the way towards completion after a total of 13 weeks. My buyer pulled out due to their inability to deliver on their service. I have all the call logs between my self and prospective buyer as well as the text messages airing his concerns over the time they were taking. I complained to the company and were told they would look into it. Most recently, @ 3 weeks ago someone again said they were looking into the refund policy and would get back. I think they are hoping I will give up and leave it be. They are no longer answering my emails either.