Offer accepted on property - seller not appointing solicitors until they’ve had an offer accepted

northerner1974

We’re moving to chester to be closer to family, and have had an offer accepted on a property we want to buy. However, the estate agent has said that our sellers won’t appoint solicitors (meaning no memorandum of sale) until they’ve had an offer accepted for their onward purchase. 

Is this normal? Everyone I’ve spoken to seems to think it’s a bit odd. Completely appreciate them needed a bit of time to find a property - it’s a massive decision - but it seems strange they won’t appoint a solicitor yet. 

Should we be worried? 

I haven’t pushed too much yet as the sellers were very patient with us when there was hitch with the buyer of our property which took a couple of weeks to resolve. But it does make me wonder how committed they are holding it up like this. 

anselld

They are not really holding anything up though.  The chain cannot proceed until it is complete to the top.  People spending money in advance further down the chain risk losing out.

GrubbyGirl_2

It's a very slow market at the moment so if it was me I'd not be spending money on the purchase until they were ready to proceed.  In fact I'd still be looking as there is a chance they won't find anything themselves and pull out

bobster2

northerner1974 said:

We’re moving to chester to be closer to family, and have had an offer accepted on a property we want to buy. However, the estate agent has said that our sellers won’t appoint solicitors (meaning no memorandum of sale) until they’ve had an offer accepted for their onward purchase. 

Well it is their estate agent, not their solicitor, who would prepare and issue a "memorandum of sale". So they could have one issued. However, this document normally notes the solicitor/conveyancer details for both parties. So this would be missing.

But in any case - a memorandum of sale is really just a record of what has been discussed. It is not legally binding. 

Given the circumstances - I would keep viewing properties yourself in case these sellers turn out to be flaky.

EssexHebridean

bobster2 said:

northerner1974 said:

We’re moving to chester to be closer to family, and have had an offer accepted on a property we want to buy. However, the estate agent has said that our sellers won’t appoint solicitors (meaning no memorandum of sale) until they’ve had an offer accepted for their onward purchase. 

Well it is their estate agent, not their solicitor, who would prepare and issue a "memorandum of sale". So they could have one issued. However, this document normally notes the solicitor/conveyancer details for both parties. So this would be missing.

But in any case - a memorandum of sale is really just a record of what has been discussed. It is not legally binding. 

Given the circumstances - I would keep viewing properties yourself in case these sellers turn out to be flaky.

There is absolutely no point in the agents wasting time drawing up the memo before the details are all known - for once, the agents are correct in what they are saying. 

northerner1974

Thanks all. Completely understand the technicalities of it, and that they need time to find somewhere. I guess we just need to set a realistic time for how long we’re willing to wait.