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Original poster

OMG Had phone call from Solicitor regarding our house purchase...

103 replies

SackAche · 06/12/2005 21:03

.... and they have informed us that the offer we put in on the house has not yet been accepted properly!
I didn't even realise that could happen in Scotland, but they accepted the offer in principal on 3rd November....... and haven't got back since!

She said and I quote "I'm sure its nothing to worry about..... I don't think there's anything untoward. They've probably just overlooked it!"

WTF? My Solicitor should have chased this up 2 weeks ago, but the person dealing with it left and someone else has only just picked it up!

What am I going to do??? We are supposed to move in on 27th January. Our house sale is finalised all but the signing of the missives..... and our mortgage is just about to be approved.

What if the sellers back out??? Where the feck will we live from January 27th? We'll never have time to find somewhere else.

Anyone know Scottish law that can help?

GOMEZ??? Anyone? This is all I need.

OP posts:
chjlly · 06/12/2005 22:09

Good luck with the move SackAche Hope it get sorted out soon - plus it should only take about 6 weeks for the conveyancing to go through - we a re doing one at the mo that needs to be done in about 3 weeks!

wewishyouamerryKITTYmas · 06/12/2005 22:17

chjlly - keep looking for your house in the paper hoping you have sold it

sacky - sure it will be fine, if not come and live in Motherwell it's not that bad!

chjlly · 06/12/2005 22:19

Kitty - have you seen it in there at all?

I have no idea if they actually advertised as we aren't there to check!

gomez · 06/12/2005 22:34

Ahh Toothache welcome to my world.

In Scotland a deal aint a deal until the missives are completed and either party can pull our prior to that time with no penalty(Or indeed as we found out afterwards when they take a well sue us stance...). You will I am sure be fine 27th Jan is ages away. Keep the pressure up on your solicitor but they to be fair are in the hands of the buyers and their solicitors. Did your buyers have somewhere to sell? If so and you think they may be appyling delaying tactics to ensure they have sold apply some heavy pressure with a deadline for missive completion, You need to be prepared to walk away if needs be thou'.

Our sorry tale of woe continues as we are moving back to Riverside on Saturday as our nice, keen lovely buyers have just pulled a similar stint by delaying, know we are fairly desperate and siad well okay we can still do entry pre-christmas but you need to drop your price by £15K. You can imagine the rest........ We will be selling BoFA in Jan so the trial continues.

Chin up missus and truely don't panic at this stahge, just keep and eye on it and try and get an idea if it is jusy an oversight on both sides part or is someone playing funny buggers.

Original poster
SackAche · 06/12/2005 22:39

Thanks Gomez - Thats so awful.

But in our situation.... the buyers aren't a problem. They really want our house and don't have any place to sell. They want in ASAP.

Its the sellers we're having the problem with. They still haven't completed to say we own the new house!

We put in an offer subject to survey. They accepted. We got the survey carried and have heard nothing since. They do have a sold sign up though and it is off the market now.

Will you be selling the house in BofA then?????????

desperate emoticon

OP posts:
gomez · 06/12/2005 23:24

Sure you will be fine then love. Just slipped through everyones net and once you politely bring it to their attention all will be well.

Plan is to get BoFA on the market 9/1/06 - would always accept and early offer form a friend of course .

Original poster
SackAche · 06/12/2005 23:24

Will let you know tomorrow.

OP posts:
gomez · 06/12/2005 23:29

Deep breathes and think positive.

Have you managed to get Relate sorted out?

BTW - within NAG do you know the Head of Computer Audit or some bloke with similar title?

Original poster
SackAche · 06/12/2005 23:36

Relate - No. But DH has a GP appointment next week! BIG STEP!

NAG head of Computer Audit..... well I was audited last week so yeah his name is probably mud! Can you make him be nice to me?

OP posts:
gomez · 06/12/2005 23:39

Good man. Make sure he knows what he wants to talk abouts and doesn't wander in and say, well aye my burd told me to come ands ee you.

In a Liverpudlian accent obviously .

gomez · 06/12/2005 23:41

Aye re: NAG he did tell me specifically that Toothache was sh*te .

I can't get him to nice - an old work mate of mine about whom I could provide loads of gossip!

Original poster
SackAche · 06/12/2005 23:53

Haha! Got my review tomorrow! Might be homeless and out of a job!

OP posts:
gomez · 06/12/2005 23:54

You won't be homeless - I have got two you can have one of mine (the smaller one obviously)!

Original poster
SackAche · 06/12/2005 23:56

lol off to bed now...before I offend anyone else! Will post tomorrow after speaking to the stupid solicitor!

OP posts:
gomez · 07/12/2005 13:37

Anything happening Toothy?

Original poster
SackAche · 07/12/2005 13:59

Phoned the Solicitor.... kept being told she was in a meeting until I got narky. Then suddenly she wasn't in a meeting.

She said it really shouldn't be anything to worry about and apparently this happens all the time. She's going to phone me back this afternoon at work, but Nursery phoned to say dd is ill so I'm leaving now! Will pick up the message tomorrow hopefully. >worried

OP posts:
Original poster
SackAche · 08/12/2005 10:33

Oh GOd please can anyone help me?!!

I'm in a total panic. Phoned my Solicitor this morning and she says the Sellers Solicitor is not exactly co-operating and she keeps being told the guy is out of the office!

WHY WOULD THE SELLER BE DOING THIS????
If they don't want to let me buy the house why haven't they told me so I can look else where??? I just thought that it was all done and dusted and we were just waiting for the missives to be drawn up!

WHY are they stalling? I'm in a situation now that its 2 weeks before Christmas, there is hardly ANYTHING on the market that I can buy.... but we have to be out of our house by 27th January!

If I pull out of the sale of my own house I will incur penalties.

What am I going to do?????? I'm a total sitting duck!!!

Please help, anyone. How can everything go so wrong so quickly. I feel like my life is being turned upside down in every aspect and I'm not ashamed to admit that I feel I'm coming apart at the seams.

OP posts:
chjlly · 08/12/2005 10:45

are you sure the sellers aren't buying anything? sometimes that can cause problems?

Go to all the agents and see if you can get details of proprties that are vacant with no foward chain.

there has to be some around that people need to move deperately

I know that we have had problems with other side solicitors being a pain your solicitor should get on to a partner at the other side to try & sort it out

fingers crossed for you

We had a second veiwing on ours last night so fingers crossed!

wewishyouamerryKITTYmas · 08/12/2005 10:56

Sounds like they are stalling you toothy.

I do still think it will go through for the 27th though. Our buyer in London did this he was a total s* he was an buy-to-let and we thought great it will go through in weeks but he kept stalling and stalling until we put the house back on the market. We got completely screwed and there was nothing we could do as it was the English system.

If your sellers take their house off the market surely they incur penalities as well (don't know that much about it sorry) and then they have to readevertise etc.

chjlly - good luck with your second viewing, yes I see your house in the local free paper every week, it looks lovely I don't know why you havne't sold it.

Original poster
SackAche · 08/12/2005 13:35

What possible reasons would they have for stalling me though??? Why can't they just say NO THANKS and move on. They have a Sold sign on their property though.

Came back from a meeting and found I had an extremely sombre message on my phone from my Solicitor asking me to call back..... but she's on lunch now. Didn't sound good though and I am now expecting the worst. I feel sick.

Only found ONE Property on the market here that is suitable (and not even that ideal). They want a quick sale so we'll be viewing that at the weekend.

How could they do this to us. The sellers KNEW our house was sold..... the KNEW we have 2 very small children. We could be left homeless because they haven't bothered getting in touch and my Solicitor never bothered chasing them up.

OP posts:
chjlly · 08/12/2005 13:37

It sounds like your solicitor should have known about this a while ago, If only buying & selling houses was simpler!

(Motherwell isn't that bad )

Original poster
SackAche · 08/12/2005 13:39

lol Chilly!

OP posts:
gomez · 08/12/2005 13:45

Toothy - calm down, breathe deeply and think. You are not going to be left homeless, woman.

Worst comes to worst you rent for 3/6 months and look around for another house.

I presume you have concluded missives on your sale?

(PS BoFA is much nicer than Motherwell......)

Keep us informed.

Original poster
SackAche · 08/12/2005 13:48

Gomez - We can't afford to rent though. HOW could we afford that???

We haven't concluded the missives on our house yet. Can I still pull out of that?????? Really don't want to, but it might be a solution just now.

OP posts:
chjlly · 08/12/2005 13:53

we have been looking into renting ours out & it we would get less than our mortgage payments in rent

could you rent a smaller property while you were looking for a new one?

It would put you in a good position for buying again as you would have no chain below you?

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