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    • Katiekangaroo77
    • By Katiekangaroo77 16th May 19, 7:29 PM
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    Katiekangaroo77
    Estate agents or solicitors not being straight?
    • #1
    • 16th May 19, 7:29 PM
    Estate agents or solicitors not being straight? 16th May 19 at 7:29 PM
    We've been waiting 16 weeks for the house we're buying to complete. There's been an issue with freehold / leasehold which land registry have been dealing with for about a month. This week the mortgage advisor (based with the estate agent) told us that the required paperwork is with our solicitor, but our solicitor says they don't have it. The vendors solicitor eventually replied to say the document required is still with land registry and they will chase it. We are getting very frustrated and feel someone is not being straight. Either estate agents or vendors solicitor is lying. Our estate agents have said things before e.g. that land registry would only take 2-3 days - I don't think that was ever realistic. In addition the vendors solicitor does not reply to our solicitor until very recently when we said we are thinking of withdrawing our offer. Not only do we feel we are not being updated, but also lied to. Our solicitor thinks there may be some problem that we have not been told about. Has anyone had any similar experiences? Any helpful advice would be gratefully received.
Page 1
    • G_M
    • By G_M 16th May 19, 7:32 PM
    • 48,056 Posts
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    G_M
    • #2
    • 16th May 19, 7:32 PM
    • #2
    • 16th May 19, 7:32 PM
    estate agents and mortgage agents do not manage the convyancing so do not believe anything they say - they are either just guessing or reporting 3rd hand what someone else (the vendor, your solicitor, whoever, has told them) which may be correct, may have been misunderstood, whatever.


    Speak to your solicitor. You are paying him after all!
    • Katiekangaroo77
    • By Katiekangaroo77 16th May 19, 7:44 PM
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    Katiekangaroo77
    • #3
    • 16th May 19, 7:44 PM
    • #3
    • 16th May 19, 7:44 PM
    Thanks for your reply. The solicitor does not know anything as when they contact the other solicitor they don't get any reply. Would anyone else be thinking something is not right? My partner is seriously wanting to withdraw the offer.
    • G_M
    • By G_M 16th May 19, 8:01 PM
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    G_M
    • #4
    • 16th May 19, 8:01 PM
    • #4
    • 16th May 19, 8:01 PM
    no point withdrawing- it might all happen the next day.


    Better tojust start viewing other properties and let the agent know you are doing so.


    If this deal starts moving, great. If you find another property you like, then review your options at that point. Till then leave your options open.
    • csgohan4
    • By csgohan4 16th May 19, 8:02 PM
    • 5,920 Posts
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    csgohan4
    • #5
    • 16th May 19, 8:02 PM
    • #5
    • 16th May 19, 8:02 PM
    Ultimatum, or withdraw and view properties with same EA
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
    • Johnhowell
    • By Johnhowell 16th May 19, 8:06 PM
    • 637 Posts
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    Johnhowell
    • #6
    • 16th May 19, 8:06 PM
    • #6
    • 16th May 19, 8:06 PM
    The solicitor does not know anything as when they contact the other solicitor they don't get any reply.
    Originally posted by Katiekangaroo77
    I note that - it is never your solicitors fault for any delays - it is always the other parties solicitor's/Agent's fault.

    Good luck,
    J
    • correll
    • By correll 16th May 19, 11:07 PM
    • 15 Posts
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    correll
    • #7
    • 16th May 19, 11:07 PM
    • #7
    • 16th May 19, 11:07 PM
    I don't wish to depress you, but when our buyers solicitor stopped answering our solicitor it was because our buyer had lost his job (and mortgage offer) and was delaying. As stated, I would start looking at other properties
    • Davesnave
    • By Davesnave 17th May 19, 6:50 AM
    • 28,170 Posts
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    Davesnave
    • #8
    • 17th May 19, 6:50 AM
    • #8
    • 17th May 19, 6:50 AM
    We've been waiting 16 weeks for the house we're buying to complete. .
    Originally posted by Katiekangaroo77
    You are actually waiting to exchange contracts, after which both parties are no longer able to pull out without penalty.


    As others have suggested, I'd use your freedom, while it lasts, to begin exploring other options, just in case. You wouldn't be the first persons to find something better or less hassle, though bear in mind that no new purchase would be likely to go through inside 3 months.
    'I've suffered for my music, now it's your turn.' Neil Innes, introducing 'Protest Song.'
    • andygb
    • By andygb 17th May 19, 7:12 AM
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    andygb
    • #9
    • 17th May 19, 7:12 AM
    • #9
    • 17th May 19, 7:12 AM
    At this stage it has nothing to do with the estate agents, but is down to BOTH solicitors/conveyancers.
    In this case it is confused because of the tenure problem - freehold/leasehold dispute, so it really could be the Land Registry at the centre of the delay.
    I don't see how the mortgage advisor would be involved in any of this, it is none of their business.
    Keep phoning your solicitor for updates.
    • babyblade41
    • By babyblade41 17th May 19, 7:19 AM
    • 678 Posts
    • 786 Thanks
    babyblade41
    As above and be as pro active as possible. Solicitor is your eyes and ears so always touch base with them.

    Have you actually made an appt with your solicitor face to face so they have all the up to date info in front of them ?

    I would still keep an eye on other properties and make it known to the agent the although not withdrawing you are actively looking.


    If it were me I'd stick with it, a new property may appear to be straight forward can also throw up massive delays ..

    My experience buying an empty property , no chain , no finance and still took 13 weeks
    • Katiekangaroo77
    • By Katiekangaroo77 17th May 19, 8:55 AM
    • 5 Posts
    • 0 Thanks
    Katiekangaroo77
    Thanks for your replies. The mortgage advisor told us the paperwork was ready because the estate agent had told him. We seem to be dealing more with the MA as he seems more reliable and keen to help (probably keen for his commission) than the estate agent. I've read that solicitors do not tend to speak with each other informally, only more formally through letters, which maybe explains this lack of communication. I also read it's the estate agents job to be the go-between at this stage, which ours certainly isn't as he doesn't communicate with us, let alone anyone else. Yesterday we were told he was on another call so couldn't talk to us, my partner gave a message we were thinking of withdrawing the offer and 5 minutes later the same estate agent who was too busy to speak to us sent an email with a list of other properties. We are now looking into making a complaint about the estate agent, if anyone has any advice on this!
    • davidmcn
    • By davidmcn 17th May 19, 9:00 AM
    • 11,284 Posts
    • 12,474 Thanks
    davidmcn
    I also read it's the estate agents job to be the go-between at this stage, which ours certainly isn't as he doesn't communicate with us, let alone anyone else...We are now looking into making a complaint about the estate agent, if anyone has any advice on this!
    Originally posted by Katiekangaroo77
    You're the buyer. He isn't your agent, he's the sellers' agent. I can't see what grounds for complaint you have (unless it's about something you haven't mentioned here).
    • andygb
    • By andygb 17th May 19, 10:46 AM
    • 12,982 Posts
    • 29,247 Thanks
    andygb
    Thanks for your replies. The mortgage advisor told us the paperwork was ready because the estate agent had told him. We seem to be dealing more with the MA as he seems more reliable and keen to help (probably keen for his commission) than the estate agent. I've read that solicitors do not tend to speak with each other informally, only more formally through letters, which maybe explains this lack of communication. I also read it's the estate agents job to be the go-between at this stage, which ours certainly isn't as he doesn't communicate with us, let alone anyone else. Yesterday we were told he was on another call so couldn't talk to us, my partner gave a message we were thinking of withdrawing the offer and 5 minutes later the same estate agent who was too busy to speak to us sent an email with a list of other properties. We are now looking into making a complaint about the estate agent, if anyone has any advice on this!
    Originally posted by Katiekangaroo77



    As I said before the mortgage advisor has nothing to do with the conveyancing process, and neither of the solicitors would be talking to them without your or the seller's permission.
    The estate agent is only a go-between for the buyer and seller, and the only contact with a solicitor will be getting a commission payment from the seller's solicitors on completion.
    I have just read your OP again, and seen the 16 weeks, that is a really long time.
    Have you exchanged contracts yet, I presume not as that would mean you had paid a deposit and would lose that if you pulled out at this stage.
    You really have to phone your solicitors, only them.
    Just to add, it isn't adviseable to exchange and complete on the same day, because the seller can make last minute demands when you are sitting outside the property with a loaded removal van.
    It usually takes one to three weeks from exchanging contracts to completion.
    Last edited by andygb; 17-05-2019 at 10:49 AM. Reason: extra info
    • thelem
    • By thelem 17th May 19, 12:24 PM
    • 768 Posts
    • 563 Thanks
    thelem
    We've been waiting 16 weeks for the house we're buying to complete.
    Originally posted by Katiekangaroo77

    Hopefully you mean exchange. "Exchange" and "complete" are very important words when buying a house and it's important that you understand the difference. The MSE guide says offer to exchange usually takes 4 to 12 weeks, but 16 weeks isn't unusual if there's a hickup. https://www.moneysavingexpert.com/mortgages/buying-a-home-timeline/



    This week the mortgage advisor (based with the estate agent) told us that the required paperwork is with our solicitor, but our solicitor says they don't have it. The vendors solicitor eventually replied to say the document required is still with land registry and they will chase it.

    You can ask the mortgage advisor why they thought your solicitor had the document, but it's better just to speak to your solicitor directly and avoid Chinese whispers. They may have been talking about a different document, or even a different property.



    Our estate agents have said things before e.g. that land registry would only take 2-3 days - I don't think that was ever realistic.

    The estate agent have no idea how long it will take at the land registry - it depends on how complicated the issue is and if other parties need to get involved.



    In addition the vendors solicitor does not reply to our solicitor until very recently when we said we are thinking of withdrawing our offer. Not only do we feel we are not being updated, but also lied to. Our solicitor thinks there may be some problem that we have not been told about.

    It might genuinely be taking a long time at the land registry, or the vendor's solicitor may be aware of some problem that he doesn't want to tell you about. You can ask for more information, but if they don't want to provide it that's up to them. Your only options are to wait, or to pull out, but there's no point pulling out if you don't have something better lined up.
    Note: Unless otherwise stated, my property related posts refer to England & Wales. Please make sure you state if you are discussing Scotland or elsewhere as laws differ.
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