Solicitor dragging heels(7 Posts)
My DH and I are first time buyers. The purchase of our house has been on going since August. Unfortunately the solicitor we chose isn't on the panel of approved solicitors for our mortgage company. Apparently this isn't an issue as she has another conveyancing company she uses in this situation. All fine. We were given a completion date of this Friday but now it turns out the other solicitors haven't bothered to sort anything out, they've not even looked at our file and seem in no great hurry to do so.
Our chosen solicitor now thinks we won't have enough time to get the mortgage money through before Friday so we won't be able to complete.
I'm cheesed off and pretty upset. As it happens, we're moving a very short distance and so haven't arranged a moving van but is there any way we can claim some sort of compensation if completion doesn't happen on the agreed date? We also have to be out of our rented home next week. Any advice?? Has anyone been in this position?
when you say completion - do you mean exchange?
have you had back all the searches etc?
what communication has taken place between your solicitor and theirs?
Yes, our solicitor has done everything, had agreed Friday as a completion date with their solicitor, therefore exchanging either late last week or early this.
However, the solicitor that our solicitor is using (I hope that makes sense) hasn't done anything and so we still haven't exchanged and it's looking unlikely we will be able to complete this week.
We were given a completion date of this Friday. Who exactly gave you this date? Or was this an estimated exchange/completion date?
We also have to be out of our rented home next week. Did you give notice to your landlord or has the landlord issued you with a notice to vacate? Your solicitor would advise you not to give notice until exchange has taken place.
Unfortunately the solicitor we chose isn't on the panel of approved solicitors for our mortgage company. Are you sure you are not dealing with two different solicitors in this purchase? If you are, it will take longer as the work has to be duplicated.
is there any way we can claim some sort of compensation if completion doesn't happen on the agreed date? Only if you have exchanged and the Contract states the completion date agreed by all parties. Otherwise any dates "agreed" between anyone are not binding.
We are dealing with one solicitor. She has a contract with another firm who deals with any mortgage companies that she can't. We are only going through our chosen solicitor, she is dealing with the third party.
Our solicitor gave us the date, which the vendors solicitor confirmed. We were then supposed to complete later that week but the third party solicitor hasn't done what they were meant to do
I'm not sure why you simply didnt pick a different solicitor who could work with your lender? thats a very strange thing to have done.
so you havent exchanged? when you say the third party solicitor hasnt done anything, I presume that person is acting for your lender and they have not arranged the mortgage documents?
have you signed your mortgage deed and the relevant sale documents? have you received your report on title and the search results back?
As Spickle said above, you should not have given notice on your rental prior to exchange. Agreed exchange and completion dates are only binding once documents have been signed.
I think you need to work out (i) precisely what is going on; (ii) where you are in the conveyancing process and (iii) what needs to be done before exchange can take place.
Very common situation re the solicitors and lenders. A lot of banks have very limited lists of solicitors they can use and it's likely to be more and more like this in future.
So your solicitor represents you, other solicitor represents lender. This means that the other solicitor who seems to be dragging their heels isn't representing you and you can't make a complaint against them. All you could do is complain to your lender.
Although that was the date aimed for, because you haven't exchanged contracts yet, nothing is set in stone. It's just an agreed/proposed date.
I know the process is so frustrating (I work in this field) remember that the solicitors don't get paid until you complete so it's in everyone's best interests to get you in asap it's just sometimes not possible. Your mortgage lender's solicitor will have to report certain things to the lender, get approval from them and once all that is done, request funds. Different lenders have different timescales for how long it takes them to get to your solicitor (usually between 1-5 days).
Good luck OP, hope you're in your home soon.
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