Conveyancing problems

[Scarlett1251]

Hi, I am almost at the point of exchanging contracts on my first house. I have a 90% mortgage offer that was applied for just before lockdown and finally approved last month. If anything goes wrong with this purchase, it is not as easy as just finding another property as I will lose the deal I have and then cannot afford a 15% or more deposit that my current lender and all others seem to be asking for now.

This makes it an extremely tense time for me, as if it wasn’t going to be stressful enough, this has made it even worse. I know many offers are being withdrawn even after the full offer has been made (although my job is unaffected, so shouldn’t happen to me, but you never know). The solicitor the seller’s have hired is useless. The chain was complete in mid-March and there’s only three of us in it. He constantly ignored emails from my solicitor and takes ages to reply. He then doesn’t pass on the enquiries to the sellers. We have now been waiting over four weeks for him to ask the sellers to provide some info. The seller’s respond to everything immediately as they are even keener than me to move and not lose this sale. As I have no control over their solicitor, the only way I can think of progressing it is either:

• ask my solicitor to forget asking for the remaining enquiries and ask if I can sign a disclaimer to say it is my decision to do this and I understand the risk. The enquiries are things like guarantees for windows, central heating reports etc.
• go round to the seller’s house and give them the remaining enquiries so that they can gather the info and send next week
• threaten to pull out if it’s not done next week

The estate agent says he is trying to push things through but he has said this for weeks. I’m so fed up of having no control and having everything on a knife edge.

Any advice?

I’m selling a property at the moment and I feel your pain. I have been chasing my solicitors twice a day and asked the estate agents to chase as well. Aparenly my solicitor ignores the estate agent completely and the solicitor is so vague I want to scream.

As a seller I can say that you as a buyer are in the better position and are more likely than the seller to pull out. I would try and find out exactly what they are waiting for and work with the seller if you can. Your mortgage company may insist on everything being done by the book so you might find it quicker to work with the seller to get everything but even then there is no way of guaranteeing the solicitors move promptly

Good luck

I would let the sellers know what you are waiting for and ask them to keep pushing from their side too.

Thanks for the advice. After speaking with my solicitor and the estate agent this morning, it appears the sellers solicitor have not passed on the enquiries (which were made four weeks ago) to the sellers - they thought everything was done. I've had yo instruct my solicitor to waive the enquiries and take the risk due to the refusal of the seller's solicitor to answer them. Annoyed and angry at the solicitor but at least it now looks like we will exchange this week and I keep my sanity!

Is it worth asking the Estate Agents to pass on the enquires to the sellers and by passing the solicitors so at least you can get the information one way or another?

Are you going to be saving Stamp Duty now? If so, those delays were great for you. How lovely!