Conflict between two conveyancers

ftbmanchester

Hi all, for context I am a FTB in NW England. About 5 weeks post offer acceptance. 

The house is through probate which has been granted. It is sat empty. I was the only offer after six months on the market and was told the now owners are keen to sell as they live down south. 

There is a company managing the probate/estate who have appointed a sales progressor as well as my own conveyancer and theirs. 

Last week I received an email from my solicitor advising me of the following;
1) their conveyancer had not asked them to complete any of the info forms, says he does not need to ask them because they’re not a required document and he knows they know ‘nothing’ about the house, suppliers etc 
2) that he has worked with this firm on previous house sales and that they are a ‘law unto themselves’
3) the contract they have sent is not at all protocol compliant 
He has stated that if I want to move forward regardless of the above I may need to find alternate representation. When he has raised these issues with them the response just says ‘I won’t ask them as they know nothing. If it’s a problem I’ll remarket’.

Having been informed of the above I contacted the ‘sales progressor’ and informed him, forwarded the emails etc. he asked me to leave it with him. This was Friday and I’ve not heard a peep from anyone since.

has anyone had experience with the conveyancers conflicting before? I really don’t want to have to pull out as my first attempt at buying fell through and i looove the house. I was quite prepared that the sellers may not know much but to flat refuse to complete forms which they could just write they don’t know for the relevant areas on has confused me. 

GDB2222

Do you need a mortgage? If so, the lender will have criteria that probably include at least an attempt at filling out the forms. 

Your best bet may be to contact the executors and/or the beneficiaries, so they are able to sort this out.

You may have to cut your losses and walk away.

ftbmanchester

GDB2222 said:

Do you need a mortgage? If so, the lender will have criteria that probably include at least an attempt at filling out the forms. 

Your best bet may be to contact the executors and/or the beneficiaries, so they are able to sort this out.

Unfortunately I have no contact for the sellers! The sales progressor was appointed by the company acting as executors and he is the one not responding to me

GDB2222

ftbmanchester said:

GDB2222 said:

Do you need a mortgage? If so, the lender will have criteria that probably include at least an attempt at filling out the forms. 

Your best bet may be to contact the executors and/or the beneficiaries, so they are able to sort this out.

Unfortunately I have no contact for the sellers! The sales progressor was appointed by the company acting as executors and he is the one not responding to me

Are there agents?

You can look up the probate register, to see who the executor is.

ftbmanchester

GDB2222 said:

ftbmanchester said:

GDB2222 said:

Do you need a mortgage? If so, the lender will have criteria that probably include at least an attempt at filling out the forms. 

Your best bet may be to contact the executors and/or the beneficiaries, so they are able to sort this out.

Unfortunately I have no contact for the sellers! The sales progressor was appointed by the company acting as executors and he is the one not responding to me

Are there agents?

You can look up the probate register, to see who the executor is.

Had a look at the probate register but do not have the details for the deceased.. unless I was on the wrong thing. 

GDB2222

ftbmanchester said:

GDB2222 said:

ftbmanchester said:

GDB2222 said:

Do you need a mortgage? If so, the lender will have criteria that probably include at least an attempt at filling out the forms. 

Your best bet may be to contact the executors and/or the beneficiaries, so they are able to sort this out.

Unfortunately I have no contact for the sellers! The sales progressor was appointed by the company acting as executors and he is the one not responding to me

Are there agents?

You can look up the probate register, to see who the executor is.

Had a look at the probate register but do not have the details for the deceased.. unless I was on the wrong thing. 

I don’t know how quickly it is updated. Discuss this with your solicitor, as he may have a copy of probate or can ask for one. 

“ The records of grants issued will be updated and will appear on the site approximately 14 days after the grant has issued. ”

Tiglet2

It sounds like the seller has no knowledge of the property and/or wasn't a family member of the deceased.  The seller wouldn't have to complete the Property Info Form or Fixtures & Contents if their knowledge of the property was so poor that they wouldn't be able to answer any of the questions.  In this case, the property is sold as seen and the fixtures and contents are as you found them on viewing.  But, you would need to satisfy yourself that the property is in reasonable condition (i.e. try out taps/windows/doors etc) and take along a builder to give you an idea of the work involved.

GDB2222

I’ve sold a property where I have not answered many of the questions on the forms, but the OP’s solicitor is refusing to act. So, there must be a significant difficulty such as lender requirements? 

SDLT_Geek

GDB2222 said:

I’ve sold a property where I have not answered many of the questions on the forms, but the OP’s solicitor is refusing to act. So, there must be a significant difficulty such as lender requirements? 

Yes, it is a pity that OP did not answer your question about whether a mortgage is needed.

ReadingTim

Your solicitor is telling you to walk away, and if you don't, they're not going to act for you.  That's a pretty string hint to walk away, but even if you don't, and find another solicitor, there's no guarantee they won't come to the same conclusion.  

You could try and phone your solicitor and ask them to explain, in layman's terms, what the problem is, but I highly doubt there's anything you can do to rectify the position, short of being a cash buyer.  

I think you're going to have to let this one go, as it's not going to happen/meant to be.  Better luck with the next place.  

ftbmanchester

SDLT_Geek said:

GDB2222 said:

I’ve sold a property where I have not answered many of the questions on the forms, but the OP’s solicitor is refusing to act. So, there must be a significant difficulty such as lender requirements? 

Yes, it is a pity that OP did not answer your question about whether a mortgage is needed.

Apologies!! Yes I am using a mortgage - it is with Halifax. From what he has said yes this is part of the issue and also liability from his end?