Would the vendors Solicitors/Estate agents lie to us?

[moominmarvellous]

Hi All, I tried to keep things simple, but it's still a bit long, please bear with me....

I've posted once before about our initially quick and simple housemove now dragging on a bit as one half of the divorced vending couple has gone bankrupt.

We renegotiated the price and terms of the sale 2 weeks ago in an arrangement they, we, and the receivers are all happy with.

We then had to wait for written confirmation from the receivers (they have agreed verbally). Last Thursday the Estate Agent informed us that while we wait for the receivers letter to arrive, the vendors Solicitors would be issuing the draft Contract and it would be going out in the post that day.

Our solicior hasn't received the contract and also said that he has heard nothing at all from the vendors solicitor - not a thing since we began this in July which has worried me.

We called the Estate Agent who said he had just spoken to the other sols (it seems he always has 'just spoken to them') and the contract was dictated Thursday and to the best of their knowledge went out Friday, hence the delay.

We've had a few miscommunications and delays in the last month or so that we're beginning to not trust what they're telling us. They are reputable, our friend has bought a few properties through them, including one very recently. We're first time buyers so I'm not sure if we're just being impatient and unrealistic about the process.

Would they say a contract was in the post if it wasn't? If so, why would they do that?

Thanks to anyone who takes the time to read this.

They could just be too busy to have done it and lied to buy some time, nothing more sinister than that. I have now bought two houses and am in the process of selling one, and it always seems to take an unbelievably long time for no apparent reason!

That's what I'm thinking, but my husband is all fed up with it and thinking the worst of everyone, so I thought I'd ask around to see if there was any reason it'd be worth their while stringing us along.

I think it's the bankruptcy thing thats thrown us too. We have no vendors trying to hurry anything along on the other side, it's just us who are in a hurry. So frustrating when the house is sat empty just waiting for us!

Thanks for the response.

Estate agents lie.
Especially as they are acting on behalf of the vendors, and you are the buyer and they want to keep you hanging on.

If it is taking this long, I would reconsider, and start looking againt, at least just to know what else is out there.

The solicitor is assuming it went out the day after he/she dictated it. Presumably there is nlt a copy of file yet for them to chekc the ctual date. Can you not ring them , or ask your solicitor to , and check with the assistant who would actually have done so. It isn't material yet anyway since you are still awaiting the other letter. tbh I don't understand how terms can have been negotiated without the involvement of the vendor's solictor.

I used to undertake conveyancing work and believe me, the day work was dictated to when it goes out varies enormously. Generally there is a small ratio of staff in legal firms with an enormous and often complex workload and you often have to listen through loads of dictated work to find urgent matters which is also very time consuming.

Generally speaking though, as an experienced member of staff, I would just get on with the contract work myself because it is generally straightforward. However, if certain terms and conditions negotiated need to be incorporated into the contract I would leave this for a partner to undertake hence your apparent delay.

Generally speaking, everyone involved in a conveyancing chain always blames each other!

Estate agents have a default setting of "lie". It's part of their training so don't believe a word they say. Get your solicitor to chase up the contract.

We are still keeping our eyes open for other properties, but so far nothing has been as suitable, and I'm thinking, as long as we're not missing a better/equally good property, this house is empty, it has to be sold so why not to us if we hold on? (We're renting and under no pressure to move out).

On the other hand I'm due to have a baby in 4 weeks time and DD's school application in the new area has to be submitted by the end of the year. It'd be nice to have exchanged by then to simplify that process.

Our solicitor says they have tried to contact the other firm, but no calls have been returned so everything has gone via the EA. Like I say, never done this before but this seems odd. We asked if we could speak with them (in the new terms we are paying both sets of solicitors so thought this would spee things up)but according to the EA they say we're not allowed to contact the other solicitors directly.

I think it's just the not knowing the process and having no control. Elsie Mc thanks for the inside info! and everyone else for your contributions.

How come you are paying the vendors legal fees? Do you know what they will amount to?

We've had the purchase price dropped by the cost of the EA fees and the vendors Solicitors fees so we're paying the same, but those costs we'll pay seperately rather than as part of the mortgage. We have a letter outlining the cost of each.

This has been agreed due to the vendors bankruptcy. As all proceeds from the sale will go to the receivers, there would have been nowhere for the EA or sols to take their payment from, therefore no one was doing anything.

This is how it's been explained to us, so we suggested the new arrangement thinking that was all it would take. Our solicitor agreed that this was an acceptable solution.

We've called today asking that the vendors sols contact ours.....vendors sols say they've spoken to our solicitor twice - but he told us yesterday he's had no contact at all. He's the one party in all this we thought was reliable and now that's in question. I just can't believe things need to be this complicated.

I would believe your solicitors above all others as they are the ones actually acting for you.

We had a problem with a chain which was 'ready to exchange' when the people at the bottom dropped the price they were prepared to pay. Weeks on we still hadn't exchanged. When we were told again by the EAs that everyone was ready to exchange our solicitor told us that she had heard nothing.

This time I refused to discuss a drop in price until such time that I knew everyone was ready to exchange and had had that confirmed by my solicitor. It took another 2 weeks and a lot of stress. Our reduction at that point was on the basis that we exchanged within 24 hours. It finally went through.

I'm trying to buy a repossession at the moment and am struggling to get anyone to agree or refuse an offer. Unfortunately, in this situation, there is no-one to really take responsibility for keeping things moving. The EA is trying to 'keep you sweet' by suggesting activity where there is none. On the plus side, dealing with an organisation means that you shouldn't be subject to the problem of vendors 'changing their mind' about selling. So, while frustratingly slow at times, it should go through eventually.

You have a choice: you can decide that the stress is too much and walk away or you can decide to try to chill out and go with the flow. The real risk, as I see it, is that house buying is a big decision and the longer you get to agonise the easier it is to talk yourself out of it!

Thanks secretskill. I agree. We are the only interested party, the place is SOLD to us, STC, and the EAs are no longer marketing so as you say, it's just the waiting around.

We have had some movement. We called the EAs to say that if they did not get the vendors solicitors to contact ours that day, we were dropping the whole thing as we had no proof that anything was being done.

Their solicitor called ours and told him what was causing the hold up: the vendors sols hadn't carried out a Title Deed Search as the vendor couldn't afford to pay the princely sum of......£8!!! So HE paid it to get things going! (so much for the contract being 'dictated and in the post' - without the Title Deed Search it would have been worthless, which she admitted to our solicitor )

However, today our solicitor has received the full pack, including the draft contract. We are to call him middle of next week once he has checked it over. All being well, we can then start talking exchange dates.

I just HOPE the vendor can afford a biro to sign the bloody contract!!!

That sounds really good. Well done for putting pressure on the EAs and making them actually work for the huge amount of money they make.

Hopefully, things should move pretty quickly now. Good luck.

Any advice
I'm in a chain selling and buying
My buyer has no chain ... 2nd property(holiday home)
My seller purchasing a new home
Seller keen to sell as in process of a divorce
3 weeks since we've all agreed price and confirmed by estate agents in writing. Details of solicitors exchanged you EA

It's been 2.5 weeks since my solicitor has sent a draft contract to my buyer and has also requested for draft contract from seller. Spoken with my solicitor weekly and yet no response from buyer and sellers solicitors

Estate agent stated they are still waiting for replies!!!

Is this normal or still early to be concern?
Do I instruct survey yet?
Any advice ?

Thank you

Flying I'm an EA and I would say that the last couple of weeks have been particularly busy for solicitors due to the change in stamp duty for additional properties. They're all working to a deadline of the end of March. I have had huge problems getting response from solicitors and the friendly ones have admitted that anything not involving this deadline is temporarily being put to one side. I wouldn't worry and chase it next week.

Yep - ours is on the back burner because of just this.

Mitford well done on admitting you are an EA. nice to see I am not the only one anymore. I am frequently called a cunt on mumsnet because of my work.

Wow Kirriemuir that's shocking. Some of us do have integrity.

This is a zombie thread. If you need advice then start your own thread instead of resurrecting one from 6 years ago! Posters will advise and comment not realising given the zombie alert is not at the bottom anymore.

Doesn't really make a difference does it?