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AIBU?

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Need urgent advice re House purchase

4 replies

PansyParkinson57 · 18/03/2022 19:37

Long time poster here. NC as this is outing.

First time buyers DS and DDIL reserved a new build property almost 5 months ago. The property was almost finished and they thought they might be in by Christmas or shortly after. Their funds were in place with a mortgage offer and help to buy, plus the deposit they had saved. They chose a solicitor recommended by the mortgage broker, not the cheapest or the dearest but in the middle of the list.

The developers were insisting on exchange within 6 weeks, but when they rung to find out what was happening the solicitors admitted they had allocated them to a solicitor that did not deal with new build properties and they were re-allocated to another solicitor in the practice. This coincided with the developers having a hold up and the six week exchange deadline was no longer possible.

They were assured that the searches were under way and there would be no more hold ups, so they stayed with the same firm. It soon became apparent that the new person dealing with it was not competent, but the developers were not happy when they suggested changing firms in January. Now the house is ready, the developers want to exchange urgently and the help to buy funds have not been claimed.

The developers have finally run out of patience and said they are pulling out because they have no confidence in their solicitors who have now submitted the help to buy forms incorrectly four times.

Does anyone have any ideas how they can rescue this purchase. the house is perfect for them and close enough for us to be able to help out with DGS. House prices have gone up significantly round here in the last five months, there are no more new builds within budget for them to get help to buy and they will need to put in a school application in for DGS later in the year.

As soon as their useless solicitor gets the form in they will be in a position to exchange but it looks like it will be too late.

Any helpful suggestions would be appreciated as the selling agents have been told to market the house.

OP posts:
Passanotherjaffacake · 18/03/2022 19:44

Formal complaint using the law firms complaints procedure. Should be in instruction letter or on website.

Complaint to legal ombudsmen potentially (but hazy on this).

See if you can get a recommendation for a local lawyer who is good and ask about an urgent file transfer.

Good luck.

greatherewegoagain · 18/03/2022 19:48

I have no advice so hopefully someone more knowledgeable than me comes along shortly.

Just wanted to say how awful and I really feel for them. I really hope they manage to get something sorted out and what a lovely mum / mil you are. Fingers crossed for you all Thanks

ThatsALotOfPassionfruit · 18/03/2022 20:05

I would advise going to the developer and asking them what can be done to salvage it.

The developer is likely to have a ‘recommended’ solicitors of their own, might be worth asking if there is any mileage in them swapping to them and seeing if they can expedite things

bellabasset · 21/03/2022 17:00

I agree with making a formal complaint but that's not the immediate priority. I agree going to the developers and asking for their help with a solicitor who could expedite the paperwork. I would also contact the senior partners in the practice also and tell - don't ask - them to get the exchange ready to complete within 7 days. Good luck to them it's so hard for people trying to buy houses and rent money is dead money.

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