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conveyancing - simple quickie question

(9 Posts)
tatt Wed 08-Dec-04 15:41:50

we're trying to move house. Both sets of solicitors were waiting for the other to write/ send documents. Who should make the first move or do we both fire them?

PamiNativity Wed 08-Dec-04 15:49:42

No advice I'm afraid but it seems pretty common. Last week we also had 2 sets of solicitors sitting around waiting for the other to get in touch. In the end dh rang ours to see what was happening and we sorted out the problem ourselves. It's a **** nightmare, isn't it.
(we are still waiting for a survey to be done, 4.5 weeks after accepting the offer - now we hear that it will be on Monday and we are planning to exchange the Thursday after - can't see it happening somehow )

tatt Wed 08-Dec-04 15:55:04

our move was supposed to be completed by Christmas. Since no searches have yet been requested this isn't going to happen. We have to sort out a school - aaaaaargh.

tatt Thu 09-Dec-04 09:26:23

having read the law society protocol on conveyancing I rather think its the sellers solicitor who is supposed to make the first move - any lawyer who could confirm that? I'd still suggest both of firing them if that wasn't likely to delay things further.

ButtonMoon Thu 09-Dec-04 22:20:56

The seller's solicitor has to send the contracts to the buyer's solicitor to set the ball rolling.

tatt Fri 10-Dec-04 04:03:42

they said they were waiting for the buyers solicitor to write saying they'd been instructed - very weak excuse when they'd had the solicitor's details from the seller and the estate agent.

cranberryjampot Fri 10-Dec-04 07:10:31

Tatt - a vendor or purchaser just has to name solicitors for the Memorandum of Sale it doesnt mean they have actually instructed the firm. It is up to the buyer to contact his solicitors and instruct them formally as they cant do anything without instructions. In addition Im pretty sure you wont find a solicitor who will start searches in the absence of upfront payment of disbursements. I agree its up to the seller to start the ball rolling by sending out a draft contract to the purchaser's solicitors

tatt Sat 11-Dec-04 03:20:51

thanks cranberryjackpot My buyer told me the solicitors were talking to each other aftera few days - so I imagine they'd spoken on the phone. I'm cross with my solicitor again for sending a letter implying they've just been told something they heard about at least two weks ago.

lisalisa Thu 23-Dec-04 12:51:48

Message withdrawn

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