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  • FIRST POST
    • Tumtitums
    • By Tumtitums 30th Jun 13, 7:56 AM
    • 205Posts
    • 12Thanks
    Tumtitums
    Memorandum of sale
    • #1
    • 30th Jun 13, 7:56 AM
    Memorandum of sale 30th Jun 13 at 7:56 AM
    I have had an offer accepted on a property however the estate agent hasnt sent me a memorandum of sale yet. Should i be worried about this ? The offer was accepted about 2 weeks ago
Page 1
    • SG27
    • By SG27 30th Jun 13, 8:37 AM
    • 2,664 Posts
    • 1,886 Thanks
    SG27
    • #2
    • 30th Jun 13, 8:37 AM
    • #2
    • 30th Jun 13, 8:37 AM
    Ring them. We got ours after about 10 days ish but had to chase them! They said they were waiting on the vendors solicitor details.
    • AlexMac
    • By AlexMac 30th Jun 13, 8:54 AM
    • 2,330 Posts
    • 2,035 Thanks
    AlexMac
    • #3
    • 30th Jun 13, 8:54 AM
    • #3
    • 30th Jun 13, 8:54 AM
    Its probably a disorganised vendor; get the agent to gee them up as failure to identify a solicitor, while probably the reason, could be a symptom that they are reluctant to sell or having secon thoughts. Tell the agent to get their finger out; even an inefficient selling agent will try to get the MOS out asap as they don't get paid til completion and its not in their interests to delay. (altho' I did once have a selling agent who was so shambolic that they 'forgot' to ring me to say my final offer to purchase had been accepted- til I rang them to say I was about to offer on another property!).

    Pity it's Sunday- now I've upset you and you'll worry all day til the agent re-opens tomorrow- don't - it's probably just the sellers' poor planning
    • Tumtitums
    • By Tumtitums 30th Jun 13, 10:41 AM
    • 205 Posts
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    Tumtitums
    • #4
    • 30th Jun 13, 10:41 AM
    • #4
    • 30th Jun 13, 10:41 AM
    Im not sure how important this memorandum is in the actual buying process. Can my solicitor go ahead and complete the purchase without it . The estate agent emailed me to say the offer was accepted about 2 weeks ago and that they will take the property off the market. My only concern is that the lender has confirmed that the mortgage is in place and my solicitors are starting work so its a bit wierd that i dont have a bit of paper saying that the vendor has accepted. I dont want to be wasting my time if the vendor isnt really wanting to sell. On looking at the online memorandum templates there doesnt seem to be much info in these memorandums. I have sent the estate agent an email just now saying that i still haven't received the memorandum of sale
    • Dan-Dan
    • By Dan-Dan 30th Jun 13, 10:43 AM
    • 4,999 Posts
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    Dan-Dan
    • #5
    • 30th Jun 13, 10:43 AM
    • #5
    • 30th Jun 13, 10:43 AM
    The thing is , you cant really be sure that your vendor is serious , until you have seen this memo , i refused to spend any money at all until i had seen it because it is a mental thing , i wanted to see my vendors had got a solicitor sorted

    Of course just having their solicitors details guarantees nothing but it makes you feel that others are commited as well as you
    • Tumtitums
    • By Tumtitums 8th Jul 13, 2:39 PM
    • 205 Posts
    • 12 Thanks
    Tumtitums
    • #6
    • 8th Jul 13, 2:39 PM
    • #6
    • 8th Jul 13, 2:39 PM
    All i am getting from my solicitors and the estate agent is that the vendor has not supplied the details of their solicitors. Does anyone have any advice about how to move this on ?
    • G_M
    • By G_M 8th Jul 13, 3:29 PM
    • 48,051 Posts
    • 58,837 Thanks
    G_M
    • #7
    • 8th Jul 13, 3:29 PM
    • #7
    • 8th Jul 13, 3:29 PM
    Your solicitor can do some things (searches etc) without the MOS, if you instruct (and pay!) him to.

    But not other things which need communication with seller's solicitor.

    And if seller is not fully commited, do you want tospend moneyon legal fees? Survey? mortgage application?.....

    If EA is getting nowhere:

    * ring/go round to the seller yourself! and/or

    * tell EA you are starting house-hunting again as seller is not progressing...
    • Tumtitums
    • By Tumtitums 8th Jul 13, 3:53 PM
    • 205 Posts
    • 12 Thanks
    Tumtitums
    • #8
    • 8th Jul 13, 3:53 PM
    • #8
    • 8th Jul 13, 3:53 PM
    Your solicitor can do some things (searches etc) without the MOS, if you instruct (and pay!) him to.

    But not other things which need communication with seller's solicitor.

    And if seller is not fully commited, do you want tospend moneyon legal fees? Survey? mortgage application?.....

    If EA is getting nowhere:

    * ring/go round to the seller yourself! and/or

    * tell EA you are starting house-hunting again as seller is not progressing...
    Originally posted by G_M

    Ive just been onto the agent and he says that the info is available so he will send either today or tomorrow. Im surprised this document has taken 3 weeks to generate as i thought it only needed the solicitors details . I dont want my solicitor to do anything extra if the vendor is having such difficulties with this bit of info.
    • Tumtitums
    • By Tumtitums 8th Jul 13, 4:00 PM
    • 205 Posts
    • 12 Thanks
    Tumtitums
    • #9
    • 8th Jul 13, 4:00 PM
    • #9
    • 8th Jul 13, 4:00 PM
    i dont know who the vendor is but was told that they dont live in the flat. I think the estate agent has lied and that the property is being let out as everytime i walk past it the lights have been on. The agent said that the property was let out and when i visited it looked empty (though furnished) but im wondering if it is still being let out which is why there is this delay over the vendor appointing a solicitor
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