Is our solicitor being obstructive or is it the vendors?

[Unicorncatsack]

Trying to exchange on leasehold flat (we currently rent) and feeling frustrated as it should have really been done by now but bitty little issues keep coming up. Our solicitor is good (I think) and picks up on everything but vendors' solicitor keep implying she is being obstructive. Examples:

1. vendors made an alteration to the flat they didn't get the freeholders consent for. Our solicitor says they need to get retrospective permission. They say they don't.
   
2. our solicitor says a deed of variation needs to be sorted regarding an extension of the lease. Their solicitor has asked the freeholder about this who has said it's not needed. Our solicitor disagrees and says it is.
   
3. buildings insurance: only the renewal quote was provided and not the actual policy.
   
4. up to date office copy entries not provided. Vendors solicitor saying they are not needed. Our solicitor saying she can't recommend mortgage company lend without them.
   
   How normal is this quibbling between solicitors? I know she is acting in our best interests and I'm grateful but the whole thing is very stressful!!

[lorelei9]

the other thing that concerns me is why they should be reluctant to talk to the freeholder about the changes that were made....sorry but I would be wondering if whatever work was done was done properly and safely...?

is it the type of work where that might be relevant or is it just cosmetic?

sorry you're going through this hassle.

[Unicorncatsack]

Well we had a very thorough survey done and that turned up zero issues so I would hope it's decent work but I guess I couldn't ever be 100% sure!

They replaced two of the windows, that was the work done.

[lorelei9]

oh, 2 windows doesn't sound like something that would need to be hidden from the freeholder....?

how bizarre.

[Unicorncatsack]

I know! I feel like their solicitor is being obstructive on purpose but I can't for the life of me imagine why.

[lorelei9]

unicorn - I don't get it either. The vendor's solicitor was a friend of hers when I was buying. The solicitor was just a complete a-hole. In fact, I even had to chase for completion - it had gone through at about 10am and the estate agent, my solicitor etc had to call for about 3 hours to get told that.

also they initially sent through the fixtures and fittings forms completely blank and told me "well you can see what's in the flat".

Some people are just arses.

[Paddletonio]

I would actually say DONT get in contact with the freeholder about the retrospective permission. If you do, then you will no longer be able to get insurance. There's no guarantee the freholder will give permission now, so insurance is the better safer and easier option, not to mention a lot quicker.

[Wolpertinger]

I would say your solicitor is excellent and vendor's solicitor is crap but vendor doesn't want to know that as their solicitor is a friend.

Your solicitor is now having to rake through a load of issues that weren't picked up properly, presumably by same solicitor, in previous sale which is making it worse.

I've been in this position and the vendor ends up very shitty with you because essentially it's all their fault that they did a bad job when they bought and now can't produce any of the documents because they made a mess of things.

[DarkBlueEyes]

I'd be inclined to threaten to pull out. That might focus their attention somewhat! Alarm bells should be ringing, especially for the retrospective permission. Sounds like they are hiding something and your solicitor is totally on it.

[NoSquirrels]

For the windows, you usually need a FENSA certificate, and if they have changed the style of the windows (e.g. Victorian sash to PVC, or whatever) then you'd need the retrospective permission of the freeholder. If it was a like-for-like replacement just the FENSA, I think? Is it in a listed zone - so would the council need to give permission for change of style of windows too?

As Wolpert says, vendors used a crap solicitor in the first place when they bought hence why issues not picked up. As vendor's solicitor is a friend, they probably used them to do the purchase and are thus responsible. Your excellent solicitor is now putting them to shame, and the crap solicitor doesn't want to admit it now they are costing vendors money & stress. Sympathies to you!