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Quick rant - look away if you're a solicitor

10 replies

didireallysaythat · 09/07/2013 21:35

In a nutshell, we had an offer on a house accepted in January. It's a slow market so we moved into rented to keep our sale while our sellers looked for something. They found a house around the 25th of May.

Fast forward to now. We need to get a school move form in 10 days before term ends so our solicitor proposed exchanging this week. We sorted out our mortgage promptly after our offer was accepted so the offer expires on the 9th of August. So again 2-3 weeks ago we proposed completing on or before the 9th (for our convenience).

This evening we've found out that their solicitor (who hasn't answered our solicitors emails, phone calls or faxes for the last 3 weeks) hasn't been passing on dates to the sellers (thankfully I'd primed the EA who has). In fact before the sellers took a week's holiday last week they spoke to her to see if there was anything they needed to do before going off, and told her yo ring on their mobile if anything came up. They got back to find an answer phone message at home asking for an advance so she could start the searches on their purchase. They are not impressed. But obviously they may not want to exchange on their sale if they haven't had the paperwork back on their purchase.

I know this is not all about me and that solicitors are busy but.... At least answer the phone and let us know that you are massively behind on things. Starting searches 6 weeks after offer accepted ? Not getting a cheque in advance to cover searches ? Even when the sellers asked if you needed anything ?

I'm a little miffed to put it mildly. We can't sort out schools, we will have to pay a couple of month's extra rent and if the mortgage company play hard we are looking at a new mortgage application complete with the fees and associated delay in their survey and processing.

There. Rant over. Apologies for putting you through my tantrum post. I'm retiring to a dark room now. To cry !

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NumTumDeDum · 09/07/2013 21:46

Rant away! (I am a solicitor but I don't do conveyancing). Tbh it's frustrating when anyone you are paying doesn't meet your expectations. Even worse when it's the other side and totally out of your hands. You have my sympathy.

ComtessedeFrouFrou · 09/07/2013 21:50

Another solicitor here (I couldn't resist Wink) and not only is that appalling, I would have got an absolute roasting from my boss if I had done that.

So frustrating, especially when there is very little you can do. Sounds like you're in touch with the sellers. If you can reassure them that you are still serious, is it worth your solicitor letting the sellers solicitor know that you're "considering pulling out"? Then (having had your own reassurance that you're still keen to proceed) the sellers might put a rocket up their solicitor and get things moving?

didireallysaythat · 09/07/2013 22:10

I didn't mean to tar all solicitors with the same brush ! Ours seems very good, they have an office full of people who know stuff so even when our solicitor isn't available over the phone I've been getting updates. I've heard from people who have come up against our solicitor that she's a stickler for details but while she's working for me, that's what I want.

While I'm tempted to rattle things by saying we'd pull out to be honest there hasn't been another house on rightmove since we made the offer in January so I think it would re-sell in a day if we pulled out.

Ah - just re-read your post Comte - I get the idea now ! I guess rather selfishly this isn't all about me as there may be some reason our sellers purchase is slow. When we offered in January we probably said moving during summer holidays was ideal - I just hadn't done the maths on the mortgage offer. I'm hoping I can play the sob story, dealing with slow solicitor when I ring to see about an extension.

We don't correspond with the sellers directly, just through the EA which I prefer as I don't want them to know what a pushy minx I am. I'm happy for the EA to know as he wants his commission I'm sure...

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wonkylegs · 10/07/2013 17:12

I know exactly how you feel we were supposed to exchange last week, then yesterday, then today and now tomorrow. The hold up seems to purely be the solicitors of the people we're buying from.
Today he never even phoned our solicitor back and went home early despite knowing us and the people buying ours are biting our fingernails waiting for the 'exchange'. Everything has been signed by everybody so there is no reason for the delay except the last solicitor in the chain never being there!
I've noted their details and will be recommending that nobody we knows ever uses them Angry

morethanmama · 10/07/2013 19:47

Sounds awful. Don't forget though that sometimes solicitor is used as the fall guy. It is possible that they were actually instructed to do nothing.......

wonkylegs · 10/07/2013 20:43

We have quite a good talking relationship with the vendors & EA, who have got in contact with us tonight, they are mortified and didn't know about the lack of communication. The explained what the delay was and that they had instructed the solicitor to proceed anyway as their purchase isn't contingent on the sale but it seems he had just gone home & not dealt with it. It's frustrating because if it were my solicitor I'd be screaming blue murder but as I don't employ them I'm limited to swearing from a distance.

didireallysaythat · 10/07/2013 22:39

Quick update... The mortgage offer can't be extended. The sellers have at last suggested a completion date - but two weeks after the offer expires. We spoken to the sellers tonight who don't seem to understand why we need to complete by then. And they haven't suggested an exchange date - despite the fact we have explained we needed to exchange by the 8th of July to make the school deadline. They also won't move the fence to the boundary but hopefully our mortgage company won't care so we can just let this one drop.

So fingers crossed they can complete faster. I hate the fact that having suggested dates they have completely ignored us and suggested theirs. A new mortgage application could cost over £1600, we've moved into rented, they told us the oil tank will be empty when we move in, it really does feel that everything is being done for their convenience. I guess that's what happens in a seller's market...

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ComtessedeFrouFrou · 11/07/2013 07:36

Well, I would say its a buyers market, but I guess it depends where you are.

Have you checked that its the completion that's the deadline for your mortgage offer? It might be exchange, as that's the point at which the contracts become binding.

wonkylegs · 12/07/2013 14:13

We have finally exchanged!!!! Yayayayayay
Right better start sorting

didireallysaythat · 12/07/2013 18:00

Fantastic new Wonky.

Another 48 hours of silence from their solicitor about whether or not they can make the completion date. That's potentially two days delay in putting in a new mortgage application (I'm unable to see the positive side any more). It's not us holding things up at the moment but it will be if they can't make the date. I realise that they may be frantically trying to work things around making our date work but I hate that they can't even send an email to let our solicitor know what stage they are at.

Still it's sunny, it's Friday and I'm going to drink myself under the table now (the adult version of a toddler tantrum!)

Chin chin !

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