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  • FIRST POST
    • Sienna1990
    • By Sienna1990 15th May 18, 4:59 PM
    • 42Posts
    • 25Thanks
    Sienna1990
    Ready to Exchange
    • #1
    • 15th May 18, 4:59 PM
    Ready to Exchange 15th May 18 at 4:59 PM
    Hi

    We had our offer accepted on 6th March, mortgage application done with Nationwide and all gone through (expires September), surveys done, meeting with solicitor done and all searches and enquiries done, we have paid the 10% deposit.

    The chain is us (FTB), our sellers and top of the chain the lady is moving in with family. There is nothing else for us to do but have been told by the EA that the top of the chain's solicitor is being incredibly slow and they aren't ready yet. We have asked do complete 8th June but EA said we won't be exchanging now until probably in June. Our problem is we have to give notice end of May at our rented house to leave end of June (we don't want to sign another 6 months of tenancy) as we don't want to pay rent and mortgage.

    Has anyone else had these issues?

    Frustrating
Page 1
    • dunroving
    • By dunroving 15th May 18, 5:08 PM
    • 1,397 Posts
    • 978 Thanks
    dunroving
    • #2
    • 15th May 18, 5:08 PM
    • #2
    • 15th May 18, 5:08 PM
    Hi

    We had our offer accepted on 6th March, mortgage application done with Nationwide and all gone through (expires September), surveys done, meeting with solicitor done and all searches and enquiries done, we have paid the 10% deposit.

    The chain is us (FTB), our sellers and top of the chain the lady is moving in with family. There is nothing else for us to do but have been told by the EA that the top of the chain's solicitor is being incredibly slow and they aren't ready yet. We have asked do complete 8th June but EA said we won't be exchanging now until probably in June. Our problem is we have to give notice end of May at our rented house to leave end of June (we don't want to sign another 6 months of tenancy) as we don't want to pay rent and mortgage.

    Has anyone else had these issues?

    Frustrating
    Originally posted by Sienna1990
    Yes. Lots of people (see my comment on the similar titled thread, for an example). [title of thread is "Are we close to exchange?"]

    It's ridiculous that solicitors are allowed to get away with some of the BS they do.

    I recommend you make yourself very familiar with the ins and outs of the process and become a squeaky wheel. And don't be afraid to make noises. You don't have to threaten to pull out but there are plenty of other disgruntled noises you can make to convey that tings are going too far.

    Unfortunately, in England solicitors know they have buyers over a barrel because by a certain point you may have invested in various surveys and inspections and dropping out means a £1,000 or more down the drain.
    (Nearly) dunroving
    • hazyjo
    • By hazyjo 15th May 18, 5:20 PM
    • 11,147 Posts
    • 14,782 Thanks
    hazyjo
    • #3
    • 15th May 18, 5:20 PM
    • #3
    • 15th May 18, 5:20 PM
    So just go onto a rolling contract. Don't sign. (Unless you're talking about a break clause?)
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes; Thai cooking stuff; Jo Brand talk; Slime Factory; Flawless tickets; Comedy night tickets; Triominos
    • foxy-stoat
    • By foxy-stoat 15th May 18, 5:23 PM
    • 3,235 Posts
    • 1,830 Thanks
    foxy-stoat
    • #4
    • 15th May 18, 5:23 PM
    • #4
    • 15th May 18, 5:23 PM
    Do you pay your rent every 6 months, if not then as above dont sign another tenancy agreement and keep paying your rent monthly.
    • eddddy
    • By eddddy 15th May 18, 5:26 PM
    • 7,264 Posts
    • 7,219 Thanks
    eddddy
    • #5
    • 15th May 18, 5:26 PM
    • #5
    • 15th May 18, 5:26 PM
    It's usually an over-simplification to blame a solicitor for delays.

    It's probably that a 'problem' has arisen, and it's likely to take about 3 weeks to resolve.

    TBH, if the EA is saying 3 weeks, it could well be 4 or 5 weeks.

    Ideally, you should try to find out what the problem actually is, so that you can judge for yourself how long it may take to resolve.

    Are you in direct contact with your seller? They might know more, as it seems to relate to the house they're buying.


    (Looking at worst case scenarios, it might even be something really dramatic, like the sale has fallen through - and the EA is trying to 'buy time' before telling you.)
    • dunroving
    • By dunroving 15th May 18, 5:34 PM
    • 1,397 Posts
    • 978 Thanks
    dunroving
    • #6
    • 15th May 18, 5:34 PM
    • #6
    • 15th May 18, 5:34 PM
    It's usually an over-simplification to blame a solicitor for delays.

    It's probably that a 'problem' has arisen, and it's likely to take about 3 weeks to resolve.

    TBH, if the EA is saying 3 weeks, it could well be 4 or 5 weeks.

    Ideally, you should try to find out what the problem actually is, so that you can judge for yourself how long it may take to resolve.

    Are you in direct contact with your seller? They might know more, as it seems to relate to the house they're buying.


    (Looking at worst case scenarios, it might even be something really dramatic, like the sale has fallen through - and the EA is trying to 'buy time' before telling you.)
    Originally posted by eddddy
    I'm sure they would agree with you. In my own case it definitely is the (seller's) solicitor who has us dancing his Kafka-esque dance.
    Last edited by dunroving; 15-05-2018 at 5:57 PM.
    (Nearly) dunroving
    • Sienna1990
    • By Sienna1990 15th May 18, 9:41 PM
    • 42 Posts
    • 25 Thanks
    Sienna1990
    • #7
    • 15th May 18, 9:41 PM
    • #7
    • 15th May 18, 9:41 PM
    We pay monthly. But yes I we’ll go onto rolling as you said
    • dunroving
    • By dunroving 15th May 18, 10:24 PM
    • 1,397 Posts
    • 978 Thanks
    dunroving
    • #8
    • 15th May 18, 10:24 PM
    • #8
    • 15th May 18, 10:24 PM
    If there's one theme I see throughout most of these types of threads, it's that things are rarely as bad as they seem. In spite of all the setbacks and annoyances, things usually work out. It's easy to get wrapped up in the technical minutiae and lose sight of this basic fact.
    (Nearly) dunroving
    • Sienna1990
    • By Sienna1990 17th May 18, 4:04 PM
    • 42 Posts
    • 25 Thanks
    Sienna1990
    • #9
    • 17th May 18, 4:04 PM
    • #9
    • 17th May 18, 4:04 PM
    So we decided to contact the estate agent about the tenancy and giving notice to which they responded the landlord has decided to sell the house and we have 2 months to leave! I really hope we exchange soon as I'd rather give 1 months notice the end of this month.
    • the_quick
    • By the_quick 17th May 18, 4:30 PM
    • 72 Posts
    • 41 Thanks
    the_quick
    This I would say is normal with chains. If one party is not ready, you can not exchange. You were first in the chain, so you have more time than others. Up the chain there might be issue with local searches coming slow, or some question about them that LA take long to answer. Your vendor or their solicitor can't do anything about it.
    I know it is hard, but how cookie crumbles.
    You can ask your vendors to pay for your rent if you believe it is their fault. But you might not be able to speed things up.
    • hazyjo
    • By hazyjo 17th May 18, 5:44 PM
    • 11,147 Posts
    • 14,782 Thanks
    hazyjo
    So we decided to contact the estate agent about the tenancy and giving notice to which they responded the landlord has decided to sell the house and we have 2 months to leave! I really hope we exchange soon as I'd rather give 1 months notice the end of this month.
    Originally posted by Sienna1990
    Would never give notice until after exchange.


    Anything can happen before then, plus you have no idea how much longer it will take (presuming it doesn't fall through :/)
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes; Thai cooking stuff; Jo Brand talk; Slime Factory; Flawless tickets; Comedy night tickets; Triominos
    • Thrugelmir
    • By Thrugelmir 17th May 18, 5:51 PM
    • 61,360 Posts
    • 54,609 Thanks
    Thrugelmir
    I'm sure they would agree with you. In my own case it definitely is the (seller's) solicitor who has us dancing his Kafka-esque dance.
    Originally posted by dunroving
    The solicitors client is the one that pulls the strings. Solicitors like any other business would prefer to finish the job and move on to the next. Every person involved in the chain has their own agenda. Speed isn't always of the essence. More convenience and fitting in with their plans.
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • Cakeguts
    • By Cakeguts 17th May 18, 5:53 PM
    • 5,340 Posts
    • 8,142 Thanks
    Cakeguts
    2 months is not long to buy a house. Expect it to take much longer.
    • Car1980
    • By Car1980 17th May 18, 9:44 PM
    • 267 Posts
    • 132 Thanks
    Car1980
    Welcome to my world. We put in the offer mid December and we are still not in. The seller's solicitor is obstructive and just accuses my solicitor of being pernickety instead of answering queries.

    We sent what should be the last enquiry three weeks ago, which is a simple question for the seller's solicitor to email the lease company, and we still haven't had the answer back.

    And this is an empty house, no chain and we're cash buyers!
    • Thrugelmir
    • By Thrugelmir 17th May 18, 10:07 PM
    • 61,360 Posts
    • 54,609 Thanks
    Thrugelmir
    And this is an empty house, no chain and we're cash buyers!
    Originally posted by Car1980
    There's obviously something missing from the tale then. Empty in itself has little bearing on the speed of the transaction.
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • Car1980
    • By Car1980 18th May 18, 10:13 AM
    • 267 Posts
    • 132 Thanks
    Car1980
    Empty = implied chain free?
    • Sienna1990
    • By Sienna1990 18th May 18, 11:19 AM
    • 42 Posts
    • 25 Thanks
    Sienna1990
    Would never give notice until after exchange.


    Anything can happen before then, plus you have no idea how much longer it will take (presuming it doesn't fall through :/)
    Originally posted by hazyjo
    We have been told we have to leave anyway because our landlord is selling the house.
    • bigisi
    • By bigisi 18th May 18, 11:53 AM
    • 485 Posts
    • 853 Thanks
    bigisi
    We have been told we have to leave anyway because our landlord is selling the house.
    Originally posted by Sienna1990
    Doesn't change anything. Stay where you are, you'll be safe for a good few months yet while the house purchase goes through.
    • hazyjo
    • By hazyjo 18th May 18, 12:10 PM
    • 11,147 Posts
    • 14,782 Thanks
    hazyjo
    We have been told we have to leave anyway because our landlord is selling the house.
    Originally posted by Sienna1990


    Not until after you told them - I doubt very much they were coincidentally planning on doing it the exact same day. Might have bought yourself some time by not saying anything - plus forums are for future readers in the same boat so my comment is not just for you but for anyone stumbling across this in the future.

    Doesn't change anything. Stay where you are, you'll be safe for a good few months yet while the house purchase goes through.
    Originally posted by bigisi
    Exactly that - they can't boot you out for quite some time if you chose to stay a while longer.
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes; Thai cooking stuff; Jo Brand talk; Slime Factory; Flawless tickets; Comedy night tickets; Triominos
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