Sellers backed out - our missives concluded - homeless!

oldernonethewiser

If you want a relatively quick reply you need to phone.

Over the last couple of years I have become annoyed/dismayed/accustomed to the speed at which the legal process can take, and not just for house buying.

Hope you manage to get somewhere to live soon.

BoGoF

Unfotunately these things happen and little will be gained in trying to blame your solicitor. As you have found out nothing is binding in Scotland until missives are concluded. 

macman

km1500 said:

the normal procedure on exchange of contracts is for the solicitor to ring you just prior and get your agreement to do it - alternatively they could email rather than call

unless it is completely different where you are, the solicitors would not of exchanged on your sale unless you agreed

Yes, it is completely different. The OP was buying and selling in Scotland.

EssexHebridean

In England, the deal would usually be that if a client said that they wanted to press on ahead with exchange on one part of a transaction, before their related matter was ready, they would be strongly advised against this, and in fact would frequently be asked to sign a letter confirming that they were proceeding against the legal advise - whether this is less inclined to happen in Scotland I have no idea though. 

sarg30

That is interesting re England! No such luck for me, that definitely was not advised at all so not sure if it is different in Scotland  

An update following my complaint: legal fees for next purchase are being waived, as they have conceded they should not have progresses my sale missives without sight of the onward purchase paperwork.

Taking this as a small win. Now to find a new property and hope this one doesn't fall through! Thank you everyone for your thoughts and advice. 

EssexHebridean

That's good news. I did wonder whether things being done separately was a little more common up there - but although I know the bare bones of how it works, I certainly don't know enough to hazard any more than a guess! 

Good luck with your next purchase, and I hope that wherever you spend it, you have a lovely Christmas break. 

user1977

EssexHebridean said:

That's good news. I did wonder whether things being done separately was a little more common up there - but although I know the bare bones of how it works, I certainly don't know enough to hazard any more than a guess! 

It is more common - we're less fond of trying to knit together "chains", and you tend not to have everybody "exchanging" at the same time - though obviously it is still likely that a purchase may be dependant on a sale. As I said above, concluding a sale before your purchase is tied up is a bit more common, as long as the client knows they may risk having to squeeze into the in-laws' place for Christmas...

Getting fees waived is a good result - doesn't necessarily mean the solicitors were in the wrong, but can be cheaper than spending hours dealing with a formal complaint or claim.