Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • plainandsimple
    • By plainandsimple 6th Aug 18, 2:32 PM
    • 40Posts
    • 146Thanks
    plainandsimple
    Whose solicitor is at fault and should we be worried?
    • #1
    • 6th Aug 18, 2:32 PM
    Whose solicitor is at fault and should we be worried? 6th Aug 18 at 2:32 PM
    We put in an offer on a house on 2nd June and it was accepted the same day. We are supposed to complete this Thursday, but we still haven't concluded the missives (we're in Scotland BTW). Our solicitor noticed around 3 weeks ago that the seller's solicitor hadn't sent them the planning permission documents for an extension built onto the house. I think our solicitor should have realised sooner that they didn't have these documents? Anyway, she has told us she's been chasing the seller's solicitor for the documents for the last couple of weeks, and apparently the seller's solicitor has them, but they still haven't sent them to our solicitor. Should we be worried? We're stuck in limbo not knowing if we will be moving at the end of this week or not. Whose solicitor is at fault here?
Page 1
    • sal_III
    • By sal_III 6th Aug 18, 3:34 PM
    • 670 Posts
    • 679 Thanks
    sal_III
    • #2
    • 6th Aug 18, 3:34 PM
    • #2
    • 6th Aug 18, 3:34 PM
    Not entirely sure how different is "missive concluded" from "contract exchanged" in E&W. But in E&W terms:

    Highly unlikely to complete this Thursday if you haven't "exchanged" yet, most Lenders need several days heads-up before releasing the mortgage funds. Not to mention all the Solicitor delays in the mix.
    • davidmcn
    • By davidmcn 6th Aug 18, 3:49 PM
    • 9,284 Posts
    • 9,896 Thanks
    davidmcn
    • #3
    • 6th Aug 18, 3:49 PM
    • #3
    • 6th Aug 18, 3:49 PM
    I think our solicitor should have realised sooner that they didn't have these documents?
    Originally posted by plainandsimple
    Why do you think that?

    Should we be worried?
    Without knowing how big or recent this extension is, I doubt any of us can really answer. If the consents all exist then all that needs to happen is for your solicitor (and possibly your surveyor) to see them and be happy with them.
    Whose solicitor is at fault here?
    Possibly neither. Does it matter?

    Is everything else ready for settlement?
    • plainandsimple
    • By plainandsimple 6th Aug 18, 4:09 PM
    • 40 Posts
    • 146 Thanks
    plainandsimple
    • #4
    • 6th Aug 18, 4:09 PM
    • #4
    • 6th Aug 18, 4:09 PM
    @davidmcn I think the solicitor should have realised sooner as they called us to say they had checked all the paperwork and were ready to conclude the missives. After that call, they realised they couldn't conclude the missives, as they didn't have a copy of the planning permission. Shouldn't this have been picked up earlier in the process?

    Everything else is ready for settlement, but I think it does matter if someone's at fault, as the process of concluding the missives has then been held up unnecessarily, and this could mean we do not complete on the agreed date.

    We have, of course, arranged a removal van etc and don't know now if we'll have a home at the end of the week. I personally think both solicitors have been tardy in this case.
    • davidmcn
    • By davidmcn 6th Aug 18, 4:41 PM
    • 9,284 Posts
    • 9,896 Thanks
    davidmcn
    • #5
    • 6th Aug 18, 4:41 PM
    • #5
    • 6th Aug 18, 4:41 PM
    @davidmcn I think the solicitor should have realised sooner as they called us to say they had checked all the paperwork and were ready to conclude the missives. After that call, they realised they couldn't conclude the missives, as they didn't have a copy of the planning permission. Shouldn't this have been picked up earlier in the process?
    Originally posted by plainandsimple
    Not necessarily, no.

    We have, of course, arranged a removal van etc
    Why "of course"? You are taking a risk by making those sorts of arrangements before missives are concluded.

    And we still don't know any more about this extension and whether a lack of planning permission would make a fundamental difference. How old is it? Is it only planning permission you haven't seen yet i.e. have you seen a building warrant/completion certificate? Have you (or your solicitor) checked the council's website for consents?
    Last edited by davidmcn; 06-08-2018 at 5:18 PM.
    • Thrugelmir
    • By Thrugelmir 6th Aug 18, 4:47 PM
    • 61,280 Posts
    • 54,515 Thanks
    Thrugelmir
    • #6
    • 6th Aug 18, 4:47 PM
    • #6
    • 6th Aug 18, 4:47 PM
    Whose solicitor is at fault here?
    Originally posted by plainandsimple
    Perhaps neither. Possibly the documentation is incomplete. Resulting in the issue being with the vendor.
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

309Posts Today

1,526Users online

Martin's Twitter