Solicitor refusing to Exchange Contracts 🤬

[TropicalParadise]

Is it normal for a solicitor to refuse to exchange contracts because our agreed completion date is 4 weeks away?

3 weeks ago our buyers put extreme pressure on us and our vendor to exchange contracts otherwise they were pulling out (we did accept their offer on our property last year October so I understand their frustration). We had been ready for some time but our vendor's were waiting on a completion certificate from the council for the extension they carried out in 2008. We immediately applied pressure on our vendor, he finally pulled his finger out and we were all ready to exchange two weeks ago and this kept our buyers happy and on board.

All of a sudden our buyers buyer starts to stall and exchange of contracts was meant to happen last week Monday, Tuesday, then Thursday Friday, then Monday/Today.....surprise surprise we still haven't exchanged.

So I call our solicitor who is chasing the solicitors in the chain but to no avail. Just called our Estate Agents to chase and they came back with the information that our buyer's buyer's solicitor is refusing to exchange because we are not completing for another 4 weeks so this case is not a priority for him.😡 Hate limbo land and terrified that without legally binding exchange anyone could pull out at any moment, never known stress levels like it 🤮🤕😓

Has anyone else had a similar situation. Any ideas on how we can apply pressure to speed them up?

All i can say is just speak to everyone you can - estate agents and solicitors - and get the buyers and their ea/solucitors to realise that if exchange doesn't happen then the chain is going to fall apart. If everyone is ready to exchange i dont see why they just dont do it.

Any ideas on how we can apply pressure to speed them up?

You can't. You don't know if there is an issue holding up exchange or whether everything is ready but due to the completion date being 4 weeks away, they see no rush to exchange, when there are other files more urgent. You can speak to the EA or your solicitor and ask them to chase for information but that is all.

Thanks bilbodog, our sentiments exactly, why don't they just exchange and then we can all relax, it's completely baffling why they don't see it as a priority. Unless of course they are inundated with work and want to concentrate on their other clients who are closer to completion. But that doesn't help us with the sleepless nights and heightening stress levels. Also means we can't book removals, cancel Virgin etc etc etc. Whole property process in this country is ridiculous and needs redressing .

Thanks Spickle...I guess we're gonna have to learn the powers of meditation, relaxation and just try and switch off until we hear further.

I'd check you are being told the truth

the solicitor should be acting for the client

is the client not ready for exchange?

Evidently the client is as frustrated with his solicitor as the rest of us.

Conveyancers are just lazy 99% of the time. That’s why they’re conveyancers in the first place. Tell your buyers buyer to complain to one of the managing partners, if that doesn’t work threaten to go to the SRA, daily mail, throw a fit basically. There isn’t much of a carrot here so you have to use the stick.

I worked for an EA many moons ago and my experience was that the solicitors (or, more usually legal executives) would not be rushed. They are not even slightly client focused. Tbf, they are often under huge work pressure, but they are quite rigid about progressing at their own speed.

I echo getting your agent to do some more digging to make sure you are not being strung along.

It could actually be that the client doesn't want the solicitor to exchange contracts but won't admit it - they can effectively 'hide' behind their solicitor because the solicitor can't breach client confidentiality. I am often told by my clients to 'delay' but not to don't admit that is what we are doing, for various reasons, and I look like I'm being slow or difficult, or ignoring calls etc. when I'm actually following client instructions! Most solicitors, when a case is ready, just want to bill it and get it off their desk!

That being said, keep chasing and getting the agents to chase because if it is the solicitor not prioritising then if they get pestered by an estate agent enough they will usually do what they can to get that agent to stop calling them (and thus exchange contracts!!!)

Conveyancers are just lazy 99% of the time. That’s why they’re conveyancers in the first place.
Gregory has no idea, just ignore this advice. There is a reason you haven't exchanged and it's nothing to do with being lazy.

They are not even slightly client focused
I've realised that sounds rude. What I mean is that they are usually focused on dotting the 'i's and crossing the 't's and they don't let anxious clients pressurise them into hurrying. There's a reason why exchange is being delayed, it might well be the client dragging their feet. Get your agent to find out.

I used to work in conveyancing and most of the time we were waiting for things to come back - checks, forms, details from land registry blah blah. People didn’t understand the process and so would be on the phone moaning and screaming non stop trying to hurry things up but sometimes you just can’t. I would make sure there’s nothing holding anything up first. Sometimes it can be the tiniest thing and might not be anything do with the time between exchange and completion.

Maybe they don't want to exchange and leave so much time between completion.
In effect you are liable for a house where anything can happen and your not living in it...

I don't like the idea of it... we are doing both the same day

okay yes, if the client is pissed off too then I wonder if the solicitor is thinking "don't leave too long before exchange and completion".

when I bought my first flat, I did both the same day. This was years ago. Everyone said I was mad, but I reckon it saved a lot of stress!

Thanks everyone for your advice. We disappeared for a long weekend to switch off and de stress and it worked a treat. I’m now in the mode “if we move we move if we don’t we don’t”. Once Easter’s over I’ll start chasing again.