Seller threatening to pull out if we don't exchange in 2 weeks :(

[Definitelynotme]

Had an offer accepted back in June. Some trouble getting the mortgage agreed, but this happened last week. In the meantime we have moved forward, so solicitor engaged, searches completed, survey carried out. A few minor requests from solicitor but nothing major. We are first time buyers, place is currently let, tenant is moving out end of September.

Just heard via estate agent seller is now threatening to put the house back on the market if we don't exchange in 2 weeks . They know we have the mortgage approved and paid out to solicitors. They know we can't move until 1 October as this is their deadline for the tenant moving out. So what are they playing at?! Also we are told by our solicitor they have not had any responses from the seller's solicitor on any requests raised.

We have done everything we can and are so close to completion, what can they achieve by threatening us now?!

This solicitor was recommended as one on a list approved by the mortgage provider. But it was a list of 40 or so practices so we will revisit that.

Do we need to pay again for all searches or can we transfer those?

You can transfer everything, although they will argue you owe them a fee. I would be tempted to not pay and challenge this through the law society complaints procedure.

when you are trying to find the next solicitor, talk through your situation and gauge their response prior to hiring.

You say that the tenant is moving out on the 1st October (or at least that's the date the tenant has been given or the tenant has given). Your solicitor needs to put in writing to the seller's solicitors something like this "please advise us when the tenant has vacated the property as we will not be in a position to exchange until the property is vacant". Therefore, your exchange date will be no earlier than the 1st October and only when the seller's solicitor has confirmed vacant possession to your solicitor. You set a completion date once exchange has taken place. If the seller keeps making threats, just continue to repeat the quoted sentence above. He is calling your bluff, he won't be able to sell to someone else (1) any quicker or (2) exchange before tenant vacates.

Have you got copies of the searches? If so, no need to do them again.

Thanks everyone. Not much we can do today but will start looking at alternative solicitors from Monday, once we get the approved list again.

And yes, we have copies of all searches.

Bearsinmotion be warned that your contract with your solicitors may mean until their fees are paid they hold a lien on your papers (i.e. they won't give them back). This will be everything. Are you happy to pay them out to get your papers and then potentially raise a complaint to recover outlay? In addition, this will all take time as new solicitors may have to re-do things.

I have great sympathy. I have an absolutely hopeless conveyancing solicitor who I have to continually chase and also get advice here to tell her what she should be doing; however, I decided the costs and delays in instructing a new solicitor would just not be worth it so continuing on.

Best of luck with it all

Thanks Duckstar. We have a lot to think about!

I will be so glad to finish the whole process

I would also offer to complete within x days of exchange (which will be when vacant possession is available) - you do pay a bit more to complete in less than 2 weeks but it's not a huge amount. The seller is very much mistaken if he thinks someone else will offer him anything better.

It seems your solicitor is incompetent, however, if most of the conveyancing work has been done, don't change solicitors now. Instead ask if your file can be passed to another solicitor in the same firm. If you go to another firm, there will be a delay while the new firm catches up and the old firm may not forward papers quickly if at all, so basically a lot of the work already done will be repeated.

Was just about to post the same as Spickle - I'd ask for a Senior Partner (make a complaint, it sounds unlikely she won't have had one before) and insist you are dealt with by someone more senior. If you get new sols, as others have said, it will take ages for papers to be moved, seller will get anxious and generally the work done will have to be checked over and so you are paying twice. A Senior Partner in the same firm will check it all over at no extra cost (as anything she missed will be on him) and no waiting about for papers. Good luck!

Do we have an update? Have learnt lots from this thread mainly that a good solicitor is worth paying!

Hello :)

There is an update. But possibly not that helpful! Basically DP called the following week and our solicitor said she was just off on holiday and handed our files on to someone else. The new solicitor responded to us very quickly and was very helpful, but basically said we needed to make the decision on whether to exchange without vacant possession or hold off on exchanging until then. We agreed to exchange with a clause in the contract on payment from the seller if the property wasn't vacant by the completion date. Which is Thursday. So, we will find out then ... I'm not happy with the situation, but this is our dream home, and prices are racing out of our reach so we agreed to take the risk...

Sounds like a sensible compromise. I hope all goes wello m Thursday.

fingers crossed. Make sure the payment covers costs of eviction (legals, bailiffs etc), insurance for malicious damage and money for you to rent somewhere else. All absolute worst case, of course - but not impossible.

also reminder that you need to insure the place from exchange so make sure your insurers are happy with a tenant in there.

...ps tenant was to move out end September. Thursday is 1st October so you should know by then!

Yes, sorry, tenant should be moving out today tempted to go and sit outside the house and watch for a removal van. Insurers know and are happy with the situation.

Must admit we have learnt we should research solicitors more thoroughly in future. However, we were on holiday when our offer was accepted and it was all a it rushed. I'd say we'll know better for next time but hopefully that is many years away!

Thanks everyone for the advice, it has been really helpful!

if the tenant is going, and as the sellers evidently pull out with their magical two weeks, with luck all this stress will have been for nothing and as of Thursday you can raise a glass to your new home.

madness...

argh: sellers evidently DIDN'T pull out..

Just to let you all know we have completed, just been to the house and it is totally empty and in very good condition - looks like we were lucky :)

excellent news - congratulations!! What a performance and as we see, it wasn't the end of the world that you didn't complete by early September!

reminder; change the locks as with an ex-rental keys could be anywhere.
reminder; read your meters and notify companies so you are solid if there are any debts.

enjoy your new home!

Thanks special

Locksmith is booked for tomorrow!

Interestingly, in the half hour we were there today the neighbour popped round to tell us how unpleasant the seller was and we had a note from the pcso about a dispute . Anyway the neighbours were very pleased we had moved in!