Any solicitors around? It's all gone wrong just before completion

[Completionnightmare]

Due to complete on Wednesday, our solicitor sent our cml form off with other necessary docs from the developer to Help to buy for authority to complete on Tuesday last week, there's a 4 day turn around so funds should have been released today.

Apparently our developer hasn't put our postal address on the cml form, so it sat in a waiting list with H2B for 4 days just to get rejected today. The address was added and the form returned but when our solicitor phoned to chase she was informed it's now back at the bottom of the 4 day turn around waiting list and there's no guarantees it'll be done by Wednesday.

We aren't copied in on these emails, we aren't privy to this information so if we end up not being able to complete on Wednesday and having to pay ££££ in stamp duty due to someone else's error, do we have a leg to stand on in regards to compensation towards this? Either the developers for not putting the date on the form or our solicitor for not noticing before submitting to H2B. We didn't have the opportunity to see these forms to notice the error yet were the ones who have to pay for it?

Please help I'm so upset

Bump for morning crowd

I'm puzzled. As you are a first-time buyer, your current address is only needed if you have received (or will receive) an introductory or finder's fee from the builder. The seller has to give their own address, the address of the development and, if allocated, the postal address and postcode of the property you are buying.

I'm not an expert in this area but, if HtB have rejected the form because it hasn't got the postal address of the property, I think that may be HtB's error, not the developer or your solicitor. The developer should provide this form to your solicitor before the lender values the property. It is perfectly valid for this form not to have the property's postal address if it wasn't allocated at that time.

@prh47bridge

I'm puzzled. As you are a first-time buyer, your current address is only needed if you have received (or will receive) an introductory or finder's fee from the builder. The seller has to give their own address, the address of the development and, if allocated, the postal address and postcode of the property you are buying.

I'm not an expert in this area but, if HtB have rejected the form because it hasn't got the postal address of the property, I think that may be HtB's error, not the developer or your solicitor. The developer should provide this form to your solicitor before the lender values the property. It is perfectly valid for this form not to have the property's postal address if it wasn't allocated at that time.

The properties postal address has been allocated but was apparently left off the form

Was it allocated before the lender valued the property?

The CML form is perfectly valid without the postal address of the property provided it has the plot number and the name and address of the development. I am therefore of the view that HtB have got this wrong. However, as I say, I am not an expert in HtB. I can't find anything in a quick look at their documentation online. It may be that they always insist on a postal address on the CML form, even if that means it has to be amended after valuation. But if the requirement is simply to submit a valid CML, they should not have rejected the one your solicitor sent.

@prh47bridge

Was it allocated before the lender valued the property?

The CML form is perfectly valid without the postal address of the property provided it has the plot number and the name and address of the development. I am therefore of the view that HtB have got this wrong. However, as I say, I am not an expert in HtB. I can't find anything in a quick look at their documentation online. It may be that they always insist on a postal address on the CML form, even if that means it has to be amended after valuation. But if the requirement is simply to submit a valid CML, they should not have rejected the one your solicitor sent.

Thank you so much, I'm getting that looked into. Really appreciate if

@prh47bridge

Was it allocated before the lender valued the property?

The CML form is perfectly valid without the postal address of the property provided it has the plot number and the name and address of the development. I am therefore of the view that HtB have got this wrong. However, as I say, I am not an expert in HtB. I can't find anything in a quick look at their documentation online. It may be that they always insist on a postal address on the CML form, even if that means it has to be amended after valuation. But if the requirement is simply to submit a valid CML, they should not have rejected the one your solicitor sent.

Just want to thank you for this, my solicitor argued that it should never of been rejected and help to buy released the funds today. We complete in the morning. You may have just saved me thousands!

Why didn’t your solicitor know this?!

@ICECream821

Why didn’t your solicitor know this?!

Fuck knows! We're paying her nearly £2k and she's been useless. She told us with help to buy you have to exchange and complete within 5 days, so we reserved our house a year ago and only exchanged yesterday. My friend bought a new build with help to buy and exchanged when it was still foundations!

@ICECream821

Why didn’t your solicitor know this?!

Apparently they can't be expected to know everything.