Issue with solicitors

JustMe18

Hello. We are buying a house ( shared ownership new build) and my solicitor raised these 2 en queries , however developer's solicitor says these won't be provided and we can't move from this "dead point", please advise, how important these are?

Please confirm that upon completion you will either be able to supply us with the executed Transfer/

Lease or alternatively, your undertaking to provide the same within 7 days of legal completion.

Please refer to our previous response. This will not be provided.

22. Please confirm your undertaking to provide the Lender's consent to the lease upon completion.

Please refer to our previous response. This will not be provided

housebuyer143

What was the previous response why this can't provide it?

JustMe18

housebuyer143 said:

What was the previous response why this can't provide it?

Initial reply was this :  will come via Devonshires to us and we are therefore unable to confirm. On

completion we will await original signed documentation from the solicitors acting for Sage

Housing, albeit we are provided with executed undated documentation in order

to complete.

I understand, they will provide, but can't do an undertaking that this will be provided within 7 days after completion and my solicitor is not happy with this and we can't move forward.  

Hoenir

Your solicitor is also working for your mortgage company. They have their own requirements as well. 

JustMe18

Hoenir said:

Your solicitor is also working for your mortgage company. They have their own requirements as well. 

I understand, but how to move away from this ?  We nearly at the exchange stage and developer ( Taylor Whimpeyy) won't provide documents, which my solicitor needs. Pretty sure it's not the first house they sold.

kingstreet

TW isn't the Registered Social Landlord (RSL) though, is it?. In this case, the lease etc will be prepared by the RSL's solicitor not the builder's. Is it that your solicitor is making the requests of the wrong party?

We do plenty of SO business and we've always dealt with the RSL rather than the builder.

JustMe18

kingstreet said:

TW isn't the Registered Social Landlord (RSL) though, is it?. In this case, the lease etc will be prepared by the RSL's solicitor not the builder's. Is it that your solicitor is making the requests of the wrong party?

We do plenty of SO business and we've always dealt with the RSL rather than the builder.

Yes, Devonshire's is solicitor for Sage , who is housing association selling this SO property. I think all equerries are currently  going to Taylor Whimpey first and then they request those from Sage. Or do my solicitor need to contact Sage solicitors directly? I think there has been big misunderstanding in this, we are already 25 weeks in all this. 

kingstreet

At the outset, you should have been issued a Memorandum Of Sale by the RSL quoting the solicitor details for both parties, the share percentage, rent, service charges etc. Your solicitor would normally deal with the RSL's solicitor, not the builder's.

JustMe18

kingstreet said:

At the outset, you should have been issued a Memorandum Of Sale by the RSL quoting the solicitor details for both parties, the share percentage, rent, service charges etc. Your solicitor would normally deal with the RSL's solicitor, not the builder's.

She only deals with Taylor Whimpey solicitor's looks like...I don't know what to do , to say that she needs to deal with Sage solicitors ? It's just the whole thing lasts from last year December and we are stuck. Even though house is not ready yet, makes me feel really worried. 

kingstreet

Ask TW's solicitor if it would be acceptable for your solicitor to request these undertakings directly from the RSL's solicitor? TW's solicitor is saying they will need to come from "Devonshires."

As I say, I've never seen someone deal with the RSL and its solicitors third-hand. Normally, the property is handed over to the RSL by the builder and the RSL handles the sale.

JustMe18

kingstreet said:

Ask TW's solicitor if it would be acceptable for your solicitor to request these undertakings directly from the RSL's solicitor? TW's solicitor is saying they will need to come from "Devonshires."

As I say, I've never seen someone deal with the RSL and its solicitors third-hand. Normally, the property is handed over to the RSL by the builder and the RSL handles the sale.

I just spoke with our solicitor and they said they never deal with RSL directly, so everything should come from Taylor Whimpey. But I think Taylor Whimpey had understanding, they will contact Devonshire's directly and hence the delay. It's been now 25 weeks since case is open, driving us mad, as we seem to be stuck on those 2 enqueries.