Property searches without title deeds

[hiddenmnetter]

WWYD? Vendors instructed wrong solicitors, have now apparently instructed the right solicitors, but still waiting on draft contracts. Vendors are currently on holiday.

My lawyer doesn't want to start searches until she has received a copy of title to confirm that they can actually sell the house to us.

I feel this is a small risk and that beginning property searches now will save 2 weeks when the deeds actually come through. (The risk is paying for searches that then ultimately are not needed- around £270).

I am anxious to complete ASAP because a) I'm a bit of a control freak and b) there are a series of works needed on the new house that will be a lot more disruptive in winter weather than in summer weather. Thus trying to push for a quicker completion.

Would you risk £270 to save two weeks? I feel it is extremely unlikely to not actually be their house to sell.

Why doesnt your solicitor downstairs a copy of the title for £6 and then you can check if the names are the same.

If there is a discrepancy then wait eg they might need probate and that can take a long time.
If the same probably ok to go ahead.
There is a risk they are fraudsers pretending to be the home owners so the risk is they can't get i.d'd and the sale won't Progress.
It seems strange they instructrd the wrong Solicitors?? Whats does that actually mean?

They're using purple bricks and instructed their own solicitors rather than the PB solicitors. Thus the confusion.

A £6 search to confirm the names is a good idea though. That would be enough to confirm their aren't different names on the title.

The point is that the vendors confirm what they have agreed to sell to their solicitor who then passes this on to your solicitor.

There's a procedure for a reason. Don't you also need the completed property information form before searches can be properly instructed?

Don't get stressed at this point. A two week saving of time by ordering searches now may mean nothing if other information is slow in arriving. Reading through the lines, it sounds as if your vendor has gone on holiday before returning his questionnaires (Property Info Form/Fixtures & Fittings) and since they form part of the draft contract pack, along with title documents, your solicitor has no documents on which to start the process.

A quick transaction will depend not on the length of the chain/cash buyers but the property itself e.g. freehold or leasehold, issues with ownership or restrictive covenants on the title, works that have been carried out etc etc.

To be honest I can't get any info on whether or not they've completed the forms. I would have expected it at this point, so perhaps you're right.

The forms to be filled out aren't required for the searches (local search, water & sewerage, chancel liability etc.) as far as I'm aware. Those forms form part of the contract to identify what is actually being sold (are they leaving the fridge etc.)

The rest of the chain is now hanging on this: our vendors are the end of the chain and the two behind us are ready to exchange (we have signed draft contracts there already).

I'm trying to keep calm about it all, but being forced to sit in limbo and not be able to make plans is so very frustrating!! At the very least I would like to book movers and get ordering materials (including a new DIY Kitchen, which takes around 10 weeks anyway!). It's just too risky to do that without having exchanged.

The forms are needed: the property information form asks about work done on the property and a whole host of other information.

You can start getting quotes from movers and planning things. Declutter and declutter some more.

I had this recently. The house I'm buying is empty and has not been sold for 50 years. It took 7 weeks for my solicitor to receive all of the contract info/ title info from their solicitor. Mine couldn't start any conveyancing until then. Why in gods name it's not done upfront I have no idea 😡

The forms to be filled out aren't required for the searches (local search, water & sewerage, chancel liability etc.) as far as I'm aware. Those forms form part of the contract to identify what is actually being sold (are they leaving the fridge etc.)

hidden, yes they are needed. The sellers have to provide a contract pack to your solicitor. Your solicitor will not start any work until the contract pack is received. Sometimes, the questionnaires can be marked "to follow" but generally solicitors like to gather all the documents to be sent in one package. The title documents would be included in the pack. Only when your solicitor has received the title number can he order searches for the right property. The Property Info Form will also tell him what works have been done on the property so that when the searches come back, he can look at the comparison between what works the seller says they have done and what documents are shown up on the search.

In response to PP above, most people don't instruct a solicitor until they have an accepted offer so it is at that point that documents are requested. If the seller then takes weeks and weeks to supply the documents then there is not much the solicitor or you can do. Your solicitor and the EA can chase, but they cannot force the other party to hurry up!

They can still request searches. I believe you can request them yourself actually. Don't quote me on that though - Google is your friend

bored
That sucks. Would have driven me spare.

QuiteLikely5
That was my understanding - of course I do take on board what you've all said about the advantage of having the information pack before doing searches, and by having information about works done etc., but I feel like I'm not getting something - wowfudge & spickle can you tell me what the info pack contains that is required (other than verified identity/title) for the searches only? I know that the information is still needed further down the line, but which particular info is needed prior to searches being done?

Why? To what end? You just need to be patient - they'll be back from holiday soon. You cannot control other people!

You don't need any paper work.in order to submit searches.

It's usual to hold off searches until solicitors have the title deeds and property form, in case that information brings to light something that means you decide to renegotiate or pull out (e.g. next door neighbour has right of way over your garden, you don't actually own what you thought was the garden, they plan on taking the hot tub with them, there is a restrictive covenant on the house prohibiting children/pets/businesses).

hidden they need the title documents for the property but would be unwilling to accept title documents provided by you, since you are the buyer and don't know much about the property, whereas the seller does. You could be spending circa £200 on various searches on the property next door/opposite if you've requested them on the wrong property. Also bear in mind, that in no completion, no fee cases, solicitors would be unwilling to start doing any work (including searches) until the contract pack is received. It is the general conveyancing protocol that this is supplied before work starts and not many solicitors would start work before they need to.

Searches are not the only part of the work anyway so a two week wait will not make much, if any, difference to the time it takes to get to exchange and completion.