sellers solicitors threatening to pull out because my solicitors are delaying exchange

anthonypilling

They’re not guiding me is my point. The point I’m making is they’re not giving me a reason why they are not exchanging. It’s just due to lack of contact and lack of ability to their job. I believe a lot of people proceed without mortgages in new builds. I shall be able to get a mortgage due to having a sizeable deposit etc. they are threatening to pull out due to the solicitors being inept. Normally off plan purchases are exchanged within 28 days. That was nigh-on six months ago. They’ve given them a deadline after a lot of leniency and I just want to know what I may able to do if that deadline is not met.

anthonypilling

To add the solicitors have given me three wrong completion statements in regards to deposit amount after several forms of communication. She has had to seek guidance on basically everything. I appreciate off plan purchases are very different to a typical purchase but she just seems way out of her depth.

BarelySentientAI

anthonypilling said:

To add the solicitors have given me three wrong completion statements in regards to deposit amount after several forms of communication. She has had to seek guidance on basically everything. I appreciate off plan purchases are very different to a typical purchase but she just seems way out of her depth.

Then I would advise using the solicitor's complaints procedure rather than exchanging without complete searches.

It is, of course, your risk and your decision though.  If you want them to exchange immediately, instruct them to do so.  They might want you to sign something to say that it was against their advice, but you should still be able to do it.

BonaDea

Did you take the trouble to instruct a solicitor with expertise in new-build conveyancing?  It's not the same as standard conveyancing.  And if the deadline was 28 days to exchange, I wonder why you weren't keeping tabs on this every single day after reservation rather than letting it drift for 6 months and putting yourself in the very risky position you are now in.  Perhaps your solicitor isn't the only person involved who is out of their depth.  

anthonypilling

Yes I informed them that it was a new build and I in faith went with them as they told me they would do the job. I am not questioning the search being raised, I am questioning why it has taken until now to do. I have been doing my best to keep tabs on this, I have done everything asked of me. As a first time buyer it is an incredibly difficult process to understand so I think saying I’m out of my depth is a little unfair as this is what I instruct a solicitor in good faith to help me, not make the process more difficult. 

silvercar

Your solicitor is acting for you and feels you should have the mortgage offer before exchanging. Their solicitor is acting for them and wants exchange asap. You can understand your solicitors position as he doesn’t want to leave you in a position where you don’t have a mortgage offer. You may feel you will always be able to get a mortgage offer, but what happens if the value doesn’t stack up and the lender won’t lend?

Hoenir

The general principle is that solicitors will not exchange unless there's a mortgage offer in place which does not expire before the completion date. Protects you and also them from any potential backlash. 

BarelySentientAI

anthonypilling said:

Yes I informed them that it was a new build and I in faith went with them as they told me they would do the job. I am not questioning the search being raised, I am questioning why it has taken until now to do. I have been doing my best to keep tabs on this, I have done everything asked of me. As a first time buyer it is an incredibly difficult process to understand so I think saying I’m out of my depth is a little unfair as this is what I instruct a solicitor in good faith to help me, not make the process more difficult. 

I think it being an "incredibly difficult process to understand" makes saying you are out of your depth accurate rather than unfair.  A lot of FTBs are out of their depth in anything other than a straightforward purchase, which this is not.

If you think the solicitor is making things more difficult, complain about them using their documented process (which usually involves a named senior partner reviewing things).