Solicitor hadn’t done work they said they had

[GorgeousLadyofWrestling]

I’ve posted a lot before about my solicitors and never know how unreasonable I’m being. But I’ve just discovered work my solicitor said had been done two weeks ago wasn’t actually don.

We had our offer accepted end of August. No chain - we’re FTB and vendor lives abroad. Property is empty. I’ve been calling them a lot to find out what’s taking so long and just want an idea of exchange date. My solicitor’s assistant has been telling me for two weeks that she’s been working on the titles report. But then he’d say “oh she’s on holiday today” or “she doesn’t work today”.

I knew I was being fobbed off but took it on trust that work was being done. Phoned yesterday just to try and get some idea of progress because if we don’t give notice on our rental, the whole thing will be delayed another month.

Assistant finally admitted that the titles report hadn’t actually been started yet and that my solicitor has been off sick. Feel so pissed off - not that she’s been ill but that it wasn’t communicated two weeks ago and that I was lied to.

I’ve written a strongly worded email and copied in vendor’s solicitor, insisting they communicate exactly what has been done and timeframes for exchange. What else can I do? They’ve told me they don’t think an exchange of mid December is realistic and my mortgage offer runs out in Feb. I’m so stressed - there are literally NO issues at all and nothing that should have meant it’s held up. I really regret picking them.

I suspect you are now tight for pre-Christmas...

however, one tip - you don't ask for an Exchange date - you agree one with the vendor and tell the solicitors - they are working for you, they work to that date or you choose someone else... if you have no date, you will never be top of the pile when they are being harassed for work...

so, change that now - find a date and tell the solicitors

But I don’t know how to. I feel like they gave me over a barrel. I’ve paid all the fees - I can’t afford to sack them and pay someone else. I keep pushing them to set a date but just seem to get nowhere.

You won't get a reply from your vendor's solicitor. They're not allowed to speak to you.

Work out what date you want to complete and when you need to exchange by to serve your month's notice. Get the estate agents to push for those dates.

Your instruction letter should have the name of a partner on. Complain to them.

I copied in the vendors solicitor to demonstrate that I was pushing things along as much as I can. I am worried that the vendor is going to get fed up. There is a property manager who acts as a representive of the vendor and every few weeks, the vendor asks his solicitor what’s happening - because my solicitor doesn’t respond, the property manager asks me.

Copy in the managing partner, phone the managing partner, kick off, make the biggest fuss possible. Resi conveyancing solicitors generally process so many cases at once that they push anything that isn't exchanging that week to the back of the pile - you need to be loud and be heard and ask for your money back in full if they don't progress it at the beginning of next week and do not take no for an answer.

Do you have an agent or can you ask this property manager to be proactive in chasing?

Call your solicitor and if they aren’t available to speak too, ask for a call from their supervisor or manager. If this isn’t possible ask for a copy of their complaint procedure. They’ll soon get moving.

Bit confused as to how you’ve paid? Fees are generally payable on completion. You might have put some money on account for searches (ie not legal costs but costs the solicitors incur on your behalf). This isn’t all that important but your OP doesn’t ring quite true.

Try to take the emotion out of things - I appreciate that may not be easy. Think what you want to achieve when and who needs to do what. Contact those people and tell them what you need. Call the vendor's property manager to agree an exchange date. Follow the solicitor's complaints procedure (they'll have sent it to you) and escalate over the way you've been misled. Call your mortgage company and ask, in the event you may need them to extend the mortgage offer what would they need/do.

Just threaten to report them to the SRA. If they have any sense they’ll prioritise getting yours done.

I’ve paid over £600 for the work they’ve done so far which includes the searches and releasing the HTB isa and all the work they’ve done so far.

Sorry which bit doesn’t ring true? I’m a FTB and no idea what I’m doing or what other people should be doing. I’m only explaining what’s happened so far. There is no estate agent as such - the flat was listed on a website similar to Purple Bricks. We were show round by a property manager as the flat was rented before it was put in the market. He has been my liaison through which I’ve been updating as and when I hear anything.

I get asked every few weeks from the property manager what’s the progress - the vendor is asking him and he’s acting as a go between. My solicitor does not respond to any comms from the vendor’s solicitor so the only communication about anything has been me proactively trying to work out what’s going on.

I feel completely stuck. I have pushed and pushed for them to set an exchange date. They keep telling me they will set it but “we’re not there yet”. I’ve since found out work they said they’ve done has not been done and now it look like it won’t be until January that we exchange/ complete. That will make it over four months for a property with no chain on either side. I’m really frustrated with their pace and worried the vendor will pull the plug because it’s taking so long - even though It’s not my fault.

Sorry - cross posted with the same subsequent posts :)

Don't send emails or make calls - go to see them and ask for a F2F meeting with the senior partner. If a property lawyer is off sick for that long then the firm should be reassigning the workload.

Hopefully your firm has more than one partner and you are not already dealing with the senior one!

Where are you at with searches?

Just the bit re having paid them OP-you haven’t yet. You’ve just put them in funds.

As me and PP have said, call and be firm. Make a complaint if necessary.

There's some good advice here on how to progress a complaint - SRA Website

End of August to now is three months. You are buying a leasehold flat. Your mortgage offer expires February (can usually be extended). Pretty sure there will be managing agent enquires and lease enquiries. Your transaction will probably take best part of the next three months to reach completion, might be less might be more but most leasehold flats average six months, regardless of whether it is empty or not.

Once that's all done complain to the Legal Ombudsman. You might even be able to get some compensation