Conflict between two conveyancers

ftbmanchester

Tiglet2 said:

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.

I understand this and doing all I can - have spoke to neighbours, level 3 survey, have checked the extension had permission from council - is there anything else you would consider a must?

ftbmanchester

ReadingTim said:

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.  

Yes I think from his pov he sees it as too much of a risk. Whereas I am happy to do my own digging and settle any queries I have and take some risk. 

I’m not sure whether he is just very by the book and that is the problem or if I will face the same issues with other solicitors. 

Hoenir

ftbmanchester said:

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?

Your solicitor is also employed by and respresents the mortgage lender.  Your solicitor will therefore act in their best interests.  Nor will they waste valuable time arguing with a lay person (that ultimately you will have to reimburse them for). . 

Tiglet2

ftbmanchester said:

Tiglet2 said:

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.

I understand this and doing all I can - have spoke to neighbours, level 3 survey, have checked the extension had permission from council - is there anything else you would consider a must?

If you look at the Property Information Form and the Fixtures & Contents Form and read the questions, these are things that you will have to try to find out yourself to the best of your ability:

Examples

What's the water pressure like when you turn on the taps in the bath or shower?  

Do all the lights and sockets work?

Read the Title Register and Title Plan to see if anything is confirmed regarding which property is responsible for which boundary.

Read the Title Register or any related deeds to see what the Restrictive Covenants are and whether you think any have been breached.

Does the property have solar panels?  How will you get paperwork if the seller knows nothing about the property and holds no paperwork/warranties?

Windows - you could check on the FENSA website to see if the property has a FENSA Certificate.  If it doesn't, does it matter to you?

Any signs of subsidence/heave?  Check inside and corresponding outside cracks or repairs.  How will you deal with this without certificates/paperwork/warranties?

Has the property ever flooded?  Ask neighbours?

Is there an EPC?

Any sign of Japanese Knotweed in the garden (or next door)?

Is the property being sold with vacant possession?  Hopefully there isn't an occupant....!

Electrics?  Do you think an electrical survey would be necessary, or are you intending to upgrade anyway at some point.

Central Heating - what type?  Does it work?  You won't know when it was last serviced or how old the system is.

Services - are they all connected, i.e. mains gas, mains electricity, mains water, mains sewerage.  Where is the stopcock?  Can it be turned without too much difficulty?

Etc etc.


Edit to add:

A lot of this will be covered by your survey.

user1977

It all seems rather academic - it's utterly normal for executors etc not to know much about the property, so then you have the minor distinction between them declaring they genuinely don't know the answers, or them saying "no comment" (which might hide the fact that they do know something).

And then you have the consideration of how enforceable any of these responses actually are...

Hoenir

user1977 said:

It all seems rather academic - it's utterly normal for executors etc not to know much about the property, so then you have the minor distinction between them declaring they genuinely don't know the answers, or them saying "no comment" (which might hide the fact that they do know something).

And then you have the consideration of how enforceable any of these responses actually are...

I'd think that matters such as 

3) the contract they have sent is not at all protocol compliant 

is an indication as to a complete lack of professionalism on the other side.  

Albermarle

Where is the estate agent in all this ?
They are usually keen to get a sale progressed, and often act as go betweens when there are problems

user1977

Hoenir said:

user1977 said:

It all seems rather academic - it's utterly normal for executors etc not to know much about the property, so then you have the minor distinction between them declaring they genuinely don't know the answers, or them saying "no comment" (which might hide the fact that they do know something).

And then you have the consideration of how enforceable any of these responses actually are...

I'd think that matters such as 

3) the contract they have sent is not at all protocol compliant 

is an indication as to a complete lack of professionalism on the other side.  

Very possibly, but it's not really a reason to stomp away from the deal altogether, rather than just roll your eyes and get on with it.

ftbmanchester

Albermarle said:

Where is the estate agent in all this ?
They are usually keen to get a sale progressed, and often act as go betweens when there are problems

It’s such a weird situation.
basically the sellers are using movewithus to manage the sale and they have appointed a sales progressor so all my queries go to them as do the estate agents - in fairness he has been chasing them as much as me. I spoke to them Friday about the issues but heard nothing since 

HHarry

Hoenir said:

user1977 said:

It all seems rather academic - it's utterly normal for executors etc not to know much about the property, so then you have the minor distinction between them declaring they genuinely don't know the answers, or them saying "no comment" (which might hide the fact that they do know something).

And then you have the consideration of how enforceable any of these responses actually are...

I'd think that matters such as 

3) the contract they have sent is not at all protocol compliant 

is an indication as to a complete lack of professionalism on the other side.  

When selling my Mums house we used a non-standard contract.  It included some sort of Limited Liability as I was not the owner and was selling on behalf of the estate.

”Not at all protocol compliant” seems more serious than that, but there are circumstances where a non-standard contract is appropriate.