Can I go to the ombudsman about sellers solicitor?

pinkandblue1

I am writing to enquire whether I would be able to submit a complaint to the ombudsman and receive an outcome if the issue concerns the seller's solicitor rather than my own.

We began the process of purchasing a no-chain leasehold flat in September. It is now April, and with just three weeks left until our mortgage offer expires, progress is only now being made. I strongly suspect that the seller or her solicitor may have been intentionally delaying matters until the start of the new tax year, as things have only begun to move forward since April.

There have been numerous issues throughout this process - too many to list in full - but to highlight a few:

• We were informed in early February that a Deed of Variation was required, which incurred a fee of £1,800 for our solicitor to process. At the time, there were still seven outstanding enquiries. The estate agent (who has since been replaced) and his manager assured us that the Deed could be completed within 2–4 weeks, which influenced our decision to stay in the process. We have only just received the draft Deed now. I contacted the landlord directly and was told it had been sent on March 6th, suggesting that the seller’s solicitor had been sitting on it for over a month. Our new estate agent as of last week has achieved more in a week than the previous in 6 months and is luckily really wanting to help us.

• Communication has been abysmal. The seller’s solicitor has constantly failed to respond to our solicitor, the estate agents, or even the seller herself, making it impossible to obtain updates. This goes on for weeks. The seller complained but this didn't make any difference. At one point, she even hung up on our mortgage broker when they called for clarification.

• Most concerningly, we were told that a freehold plan from the Land Registry was missing due to it not being received after being ordered in both September and February. In panic that the sale would fall through without this, I contacted the Land Registry directly, who confirmed that no such orders had ever been made. After escalating this to our solicitor, they placed an order last Friday and received the document within three working days. This delay was entirely avoidable and, frankly, dishonest.

We have stacked up over £5,000 in solicitor fees and feel we’ve been continually misled and treated without respect throughout this process. Our own solicitor has also acted unprofessionally - at one point, I was brought to tears after being spoken down to when asking for clarification. They then mentioned they need this to go through to pay for their expensive holiday they've booked.

Given all of this, I would like to know if I have grounds to escalate a complaint to the ombudsman in relation to the seller’s solicitor and the handling of this transaction.

I appreciate your time and look forward to your guidance.

DullGreyGuy

No, you have no right of complaint to the Legal Ombudsman about their solicitor as per https://www.legalombudsman.org.uk/for-consumers/complaints-process/complaints-we-can-help-with/ 

As you hinted at, you cannot pierce the veil to know if it's their solicitor being slow or following their clients instructions to be slow. Many people blame solicitors when it's actually their own fault. 

Mr.Generous

I'd have pulled out.

EssexHebridean

pinkandblue1 said:

I am writing to enquire whether I would be able to submit a complaint to the ombudsman and receive an outcome if the issue concerns the seller's solicitor rather than my own.

We began the process of purchasing a no-chain leasehold flat in September. It is now April, and with just three weeks left until our mortgage offer expires, progress is only now being made. I strongly suspect that the seller or her solicitor may have been intentionally delaying matters until the start of the new tax year, as things have only begun to move forward since April.

There have been numerous issues throughout this process - too many to list in full - but to highlight a few:

• We were informed in early February that a Deed of Variation was required, which incurred a fee of £1,800 for our solicitor to process. At the time, there were still seven outstanding enquiries. The estate agent (who has since been replaced) and his manager assured us that the Deed could be completed within 2–4 weeks, which influenced our decision to stay in the process. We have only just received the draft Deed now. I contacted the landlord directly and was told it had been sent on March 6th, suggesting that the seller’s solicitor had been sitting on it for over a month. Our new estate agent as of last week has achieved more in a week than the previous in 6 months and is luckily really wanting to help us.

• Communication has been abysmal. The seller’s solicitor has constantly failed to respond to our solicitor, the estate agents, or even the seller herself, making it impossible to obtain updates. This goes on for weeks. The seller complained but this didn't make any difference. At one point, she even hung up on our mortgage broker when they called for clarification.

• Most concerningly, we were told that a freehold plan from the Land Registry was missing due to it not being received after being ordered in both September and February. In panic that the sale would fall through without this, I contacted the Land Registry directly, who confirmed that no such orders had ever been made. After escalating this to our solicitor, they placed an order last Friday and received the document within three working days. This delay was entirely avoidable and, frankly, dishonest.

We have stacked up over £5,000 in solicitor fees and feel we’ve been continually misled and treated without respect throughout this process. Our own solicitor has also acted unprofessionally - at one point, I was brought to tears after being spoken down to when asking for clarification. They then mentioned they need this to go through to pay for their expensive holiday they've booked.

Given all of this, I would like to know if I have grounds to escalate a complaint to the ombudsman in relation to the seller’s solicitor and the handling of this transaction.

I appreciate your time and look forward to your guidance.

1st BIB - more as a note for others than for you as it's a bit late for you, now. Never EVER rely on what an estate agent tells you about legal process - always ask your solicitor what their view is. 

2nd BIB - while that's a pretty unprofessional way to speak with a client (same is true of the talking down too - I cringe when I hear that!) if you were to complain about that aspect they would say that it was said as a joke, and that at the time you clearly acknowledged it as such - whether or not that was the case. 

pinkandblue1

EssexHebridean said:

pinkandblue1 said:

I am writing to enquire whether I would be able to submit a complaint to the ombudsman and receive an outcome if the issue concerns the seller's solicitor rather than my own.

We began the process of purchasing a no-chain leasehold flat in September. It is now April, and with just three weeks left until our mortgage offer expires, progress is only now being made. I strongly suspect that the seller or her solicitor may have been intentionally delaying matters until the start of the new tax year, as things have only begun to move forward since April.

There have been numerous issues throughout this process - too many to list in full - but to highlight a few:

• We were informed in early February that a Deed of Variation was required, which incurred a fee of £1,800 for our solicitor to process. At the time, there were still seven outstanding enquiries. The estate agent (who has since been replaced) and his manager assured us that the Deed could be completed within 2–4 weeks, which influenced our decision to stay in the process. We have only just received the draft Deed now. I contacted the landlord directly and was told it had been sent on March 6th, suggesting that the seller’s solicitor had been sitting on it for over a month. Our new estate agent as of last week has achieved more in a week than the previous in 6 months and is luckily really wanting to help us.

• Communication has been abysmal. The seller’s solicitor has constantly failed to respond to our solicitor, the estate agents, or even the seller herself, making it impossible to obtain updates. This goes on for weeks. The seller complained but this didn't make any difference. At one point, she even hung up on our mortgage broker when they called for clarification.

• Most concerningly, we were told that a freehold plan from the Land Registry was missing due to it not being received after being ordered in both September and February. In panic that the sale would fall through without this, I contacted the Land Registry directly, who confirmed that no such orders had ever been made. After escalating this to our solicitor, they placed an order last Friday and received the document within three working days. This delay was entirely avoidable and, frankly, dishonest.

We have stacked up over £5,000 in solicitor fees and feel we’ve been continually misled and treated without respect throughout this process. Our own solicitor has also acted unprofessionally - at one point, I was brought to tears after being spoken down to when asking for clarification. They then mentioned they need this to go through to pay for their expensive holiday they've booked.

Given all of this, I would like to know if I have grounds to escalate a complaint to the ombudsman in relation to the seller’s solicitor and the handling of this transaction.

I appreciate your time and look forward to your guidance.

1st BIB - more as a note for others than for you as it's a bit late for you, now. Never EVER rely on what an estate agent tells you about legal process - always ask your solicitor what their view is. 

2nd BIB - while that's a pretty unprofessional way to speak with a client (same is true of the talking down too - I cringe when I hear that!) if you were to complain about that aspect they would say that it was said as a joke, and that at the time you clearly acknowledged it as such - whether or not that was the case. 

Yeah unfortunately due to how our solicitor speaks to us we are often too scared to even ask her opinion so went by the estate agent as the flat next door is going through the same Deed of Variation so thought they had the knowledge. Just an awful situation. 

pinkandblue1

DullGreyGuy said:

No, you have no right of complaint to the Legal Ombudsman about their solicitor as per https://www.legalombudsman.org.uk/for-consumers/complaints-process/complaints-we-can-help-with/ 

As you hinted at, you cannot pierce the veil to know if it's their solicitor being slow or following their clients instructions to be slow. Many people blame solicitors when it's actually their own fault. 

Guess we have to take the loss then, shocking that they can get away with it even when lying about ordering documents. 

DullGreyGuy

pinkandblue1 said:

DullGreyGuy said:

No, you have no right of complaint to the Legal Ombudsman about their solicitor as per https://www.legalombudsman.org.uk/for-consumers/complaints-process/complaints-we-can-help-with/ 

As you hinted at, you cannot pierce the veil to know if it's their solicitor being slow or following their clients instructions to be slow. Many people blame solicitors when it's actually their own fault. 

Guess we have to take the loss then, shocking that they can get away with it even when lying about ordering documents. 

Ultimately you dont know they are lying, you can't see what's happening on their side of the fence.

theartfullodger

You can (am able to) submit a complaint to anyone - Pope, prime minister, local council chief exec etc etc etc

Very unlikely any of them will respond or even read it.

Best wishes to ll

pinkandblue1

DullGreyGuy said:

pinkandblue1 said:

DullGreyGuy said:

No, you have no right of complaint to the Legal Ombudsman about their solicitor as per https://www.legalombudsman.org.uk/for-consumers/complaints-process/complaints-we-can-help-with/ 

As you hinted at, you cannot pierce the veil to know if it's their solicitor being slow or following their clients instructions to be slow. Many people blame solicitors when it's actually their own fault. 

Guess we have to take the loss then, shocking that they can get away with it even when lying about ordering documents. 

Ultimately you dont know they are lying, you can't see what's happening on their side of the fence.

Seems pretty likely unfortunately when I got verbal confirmation of all orders on the document by the land registry and it in writing of no orders made.