Urgent conveyancing advice needed

JustMe18

Hello. We are buying SO property from Taylor Whimpey & Sage, but we are not week 25 and stuck on these two enqueries raise by our solicitor. Sage's solicitor Devonshires said they won't provide these and my solicitor won't move without them. We have invested already around £10k into the house, reservation and options etc . How do we proceed further? Ask our solicitor to accept or change solicitor ? Clearly there must be some resolution.

20. 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.

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

propertyrental

20 looks reasonable, indeed essential.

22 I don't understand - it is your lender (if you are getting a mortgage) so it is for you (your solicitor) to get your lender to provide this surely?

km1500

20 is essential because of course you need the executed transfer but maybe they are quibbling about the seven days - would that be too quick?

JustMe18

propertyrental said:

20 looks reasonable, indeed essential.

22 I don't understand - it is your lender (if you are getting a mortgage) so it is for you (your solicitor) to get your lender to provide this surely?

Regarding 20 - I understand Devonshires are not willing to give undertaking, that document will be provided within 7 days after completion, as it may take longer. How do we move away from this?  Does my solicitor need to accept that no undertaking will be provided? 

Regarding 22 - I have no idea, yet I am getting a mortgage, but my solicitor is asking for this from developer ( Taylor Whimpey) and response was "this won't be provided". 

JustMe18

km1500 said:

20 is essential because of course you need the executed transfer but maybe they are quibbling about the seven days - would that be too quick?

Taylor Whimpey said it may take up to  30 days , therefore they can't provide the undertaking. I don't know what to do, they are stuck on this reply. Solicitor needs that undertaking, but TW or Sage won't provide, as it may take longer than 7 days. They keep just replying this won't be provided and we are stuck. 

propertyrental

20 - it seems strange they can't provide it straight away or within 7 days - this is normal conveyancing practice.

But have you asked your solicitor about getting an undertaking to provide it within 30 days?

JustMe18

propertyrental said:

20 - it seems strange they can't provide it straight away or within 7 days - this is normal conveyancing practice.

But have you asked your solicitor about getting an undertaking to provide it within 30 days?

I don't know, this was response from Taylor Whimpey's solicitors the other day :

"It is not us refusing to provide information we are simply passing on the normal responses that we deal with from Devonshires which is what they are referring to.  They are asking for 2 undertakings and DVS will not provide these.   One of them is to provide an undertaking from DVS that they will send us the completion docs within 7 days, and it is often a month or more before received!"

My solicitor asked again exactly the same question and yet again, they sent response that this won't be provided. It just never ending story. I did try to explain, that she doesn't need it necessarily within 7 days, but at least some timeframe. I didn't ask her yet about 30 days though. Maybe worth for her re-word it and ask again ? 

kingstreet

Are you using a newbuild/shared ownership experienced solicitor?

IME those not regularly involved in the sector can often try to apply non-newbuild/SO practices that simply don't work.

JustMe18

kingstreet said:

Are you using a newbuild/shared ownership experienced solicitor?

IME those not regularly involved in the sector can often try to apply non-newbuild/SO practices that simply don't work.

Don't think so, as they are solicitors recommended by our Estate Agent, but they have been dealing  with SO sale though in past. We are also selling our SO and buying SO. 

loubel

Your solicitor is protecting your (and your lender's) interests by asking for these undertakings. Without them you have no recompense against the seller's solicitor should they not provide these documents in a timely manner (or at all) following completion. Without them you won't be able to register your purchase at the Land Registry.

JustMe18

loubel said:

Your solicitor is protecting your (and your lender's) interests by asking for these undertakings. Without them you have no recompense against the seller's solicitor should they not provide these documents in a timely manner (or at all) following completion. Without them you won't be able to register your purchase at the Land Registry.

They don't refuse to provide them, but they say they won't do this within 7 days, as it may take longer. We can't get into conclusion, where seller's solicitor would agree on a different timescale, as they never been asked this question.

I don't understand, because it's a simple thing, sure that it's not the first house sold, this area has around 800 new builds and including SO. Why would in our case they won't provide undertakings? I think its just miscommunication issue here.