Urgent advice needed - exchange

JustMe18

Hello. We have received and signed our contract for a new build house. House is physically build an last NHBC inspection carried this week. Our solicitor been nightmare since beggining, all work took roughly 5-6 months. Now she got the contracts, but doesn't want to exchange on notice, developer told her that house will be ready by 10th of July, but don't want to confirm completion date as yet, that's why its on notice. Our mortgage offer expires on 25th of July. Our mortgage broker ( approved one from developer) said dont need to stress and can exchange. However solicitor is refusing and says she need to have extended offer. It's still a month for my current offer, can she actually refuse exchange? she is putting us at risks losing property, where we have invested a lot, as developer wants us to exchange ASAP. Please advise what to do. 

WellKnownSid

Your solicitor sounds sensible.  Surely you would have far more to lose if you exchanged and then, for whatever reason, the house was delayed, then something unexpected happened extending the offer and then you could not complete.

MWT

JustMe18 said:

Now she got the contracts, but doesn't want to exchange on notice, developer told her that house will be ready by 10th of July, but don't want to confirm completion date as yet, that's why its on notice. Our mortgage offer expires on 25th of July.

Your solicitor is the first one you'd complain to if they let you exchange without a confirmed completion date this close to the expiry of your offer and the builder couldn't complete before the 25th...

If the builder was 100% certain about the 10th they would set  the completion date...

JustMe18

WellKnownSid said:

Your solicitor sounds sensible.  Surely you would have far more to lose if you exchanged and then, for whatever reason, the house was delayed, then something unexpected happened extending the offer and then you could not complete.

House is already "customer ready". There is nothing, what would delay it and it's plenty of time. But when she is refusing exchange, it's her putting it at risk. We are in this purchase since November and now finally after I did all the work instead of her we've got contract, she is now making it even more complicated. We still have our offer valid for a month and broker said there is no need to extend.

MWT

JustMe18 said:

WellKnownSid said:

Your solicitor sounds sensible.  Surely you would have far more to lose if you exchanged and then, for whatever reason, the house was delayed, then something unexpected happened extending the offer and then you could not complete.

House is already "customer ready". There is nothing, what would delay it and it's plenty of time.

.. so why won't the builder set the completion date?

JustMe18

MWT said:

JustMe18 said:

Now she got the contracts, but doesn't want to exchange on notice, developer told her that house will be ready by 10th of July, but don't want to confirm completion date as yet, that's why its on notice. Our mortgage offer expires on 25th of July.

Your solicitor is the first one you'd complain to if they let you exchange without a confirmed completion date this close to the expiry of your offer and the builder couldn't complete before the 25th...

If the builder was 100% certain about the 10th they would set  the completion date...

Developer has provided them information, that house  will be ready before 10th. It's actually ready , I already went to a house demonstration. It's a common practice to exchange on notice in these houses. When you reserve one, you have 45 days to exchange, that's the rules from developer and basically these houses are reserved at the foundations stage, so it's FAR from the completion. 
Broker, provided by developer, said there is no need to extend offer as yet. 

Hoenir

JustMe18 said:

WellKnownSid said:

Your solicitor sounds sensible.  Surely you would have far more to lose if you exchanged and then, for whatever reason, the house was delayed, then something unexpected happened extending the offer and then you could not complete.

House is already "customer ready". There is nothing, what would delay it and it's plenty of time.

Probably awaiting final sign off. Otherwise a completion date could be set. Sometimes things do wrong. That's why you employ a professional to conduct the transaction and don't listen to those who think they know everything but actually don't. Particularly when you've no recourse if their "advice" turn out to be wrong. 

WellKnownSid

JustMe18 said:
House is already "customer ready". There is nothing, what would delay it and it's plenty of time.

And yet, there is no actual completion date... 

Builders lie because they want their money.  Even if your house was ready, there are plenty of other reasons why you might not be able to occupy, and three weeks is not 'plenty of time' to sort those reasons out.

JustMe18

MWT said:

JustMe18 said:

WellKnownSid said:

Your solicitor sounds sensible.  Surely you would have far more to lose if you exchanged and then, for whatever reason, the house was delayed, then something unexpected happened extending the offer and then you could not complete.

House is already "customer ready". There is nothing, what would delay it and it's plenty of time.

.. so why won't the builder set the completion date?

Because she only asked last week about 1 date  - 10/07, but they  couldn't agree to this particular date last week and there was NHBC inspection, which came again this week for a final round. It was only a small issue to fix  ( re-do 2 bathroom tiles and paint the door). She never asks question again and never suggests any other date. 

We had same issue with enqueries, they took 5 months to be answered, answers were sent to her 4-5 times ( I personally got some of them sent to her), until I complained to her boss ,social media , left bad review etc. nothing would move. In the morning she sent me email "a lot of things still outstanding and I have absolutely no idea , when exchange will be", then after my complaints contract was issued on the same day in the matter of hours ! So clearly something isn't right with this solicitor.

JustMe18

Hoenir said:

JustMe18 said:

WellKnownSid said:

Your solicitor sounds sensible.  Surely you would have far more to lose if you exchanged and then, for whatever reason, the house was delayed, then something unexpected happened extending the offer and then you could not complete.

House is already "customer ready". There is nothing, what would delay it and it's plenty of time.

Probably awaiting final sign off. Otherwise a completion date could be set. Sometimes things do wrong. That's why you employ a professional to conduct the transaction and don't listen to those who think they know everything but actually don't. Particularly when you've no recourse if their "advice" turn out to be wrong. 

Initially she put on her conveyancing portal dates July / August for the house to be built. However house is built much earlier. But she still referring , that it will be built in August.

WellKnownSid

JustMe18 said:

Broker, provided by developer, said there is no need to extend offer as yet. 

Your solicitor is working for YOU.  Your broker is working for your DEVELOPER.