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Original poster

Seller's solicitors aren't replying to our enquiries

39 replies

flyingfreehold2021 · 19/05/2021 06:24

We are in the middle of conveyancing for a property that has a flying freehold around 15% of the property. When viewing and during survey, it was evident. However, there is no mention of that in the deeds or on land registry. We have raised enquiries over 2 weeks ago about this but the vendors aren't coming back to us. I have chased the estate agents everyday and they have told me that the replies are with the vendor's solicitors.

I am wondering, are the vendors using delay tactics so that we don't have time to look into the deeds before the end of Stamp duty( we cant afford to purchase this property with stamp duty as the renovations are going to cost us a a lot and the seller didn't reduce the price)?

And will it be strange if I call the vendor's solicitors and ask what is the hold up?(Im thinking it will be)

I'm getting really concerned as we are only 6 weeks away from completion and the rate the seller's solicitors are working, we wont finish.

If anyone can shed light onto how serious the flying freehold issue is and how best to push the vendors? The estate agents are giving us minimal information.

Thanks

OP posts:
Bluntness100 · 19/05/2021 06:27

Why are you speaking to the agent daily? It’s your solicitors job to chase the other sides solicitors, not the agent, the agent works on behalf of the seller. So speak to your solicitor, ask for it to be chased and tell them when you want a response by.

Original poster
flyingfreehold2021 · 19/05/2021 06:30

I have asked our solicitors and they have said that it's not in their pay bracket. It's the estate agents job to do the chasing..

OP posts:
umbel · 19/05/2021 06:32

No personal experience but we did consider buying a property with a flying freehold and after reading up on it, decided to give it a swerve in part because of the legal complications and delays it can cause during conveyancing. It can also be difficult to get a mortgage approved on a house with more than 10% of the floor space on a flying freehold. If, in addition to that, you have questions over the deeds being unclear, and a vendor/solicitor that is avoiding queries, I think you will be lucky to complete before the deadline.

Original poster
flyingfreehold2021 · 19/05/2021 06:35

We managed to get a mortgage approved over a month ago, our searches are in we are ready from our side. Its getting so stressful!

OP posts:
MerryAnton · 19/05/2021 06:36

It is part of the EA's sale progression team to help chase and ensure a chain moves without delay, but I would ask your solicitor to chase now too.

I would be clear with the EA and say you won't be able to purchase the house if you can't complete by X day. Did you have a penalty agreed to? This seems to be popular, so if you miss X date then the price is reduced by the stamp duty saving amount so you can still afford it.

Original poster
flyingfreehold2021 · 19/05/2021 06:41

Unfortunately, we didn't have a plenty agreed, but we have been clear from the onset of this process that we need to complete by stamp duty.

To be fair, our solicitors did email the sellers requesting for urgent update. But no response.

I am even considering driving up to the house to speak to the seller! ARRRGHHH

OP posts:
MinnieMountain · 19/05/2021 06:41

Of course it’s the estate agent’s job to chase. They’re working for the seller to get the sale through- which means chasing.

Your seller’s solicitor isn’t allowed to speak to you.

Original poster
flyingfreehold2021 · 19/05/2021 06:42
  • our solicitors have declined to do any further chasing!
OP posts:
MinnieMountain · 19/05/2021 06:47

Well that’s a bit silly. Even when manic we diarise things to be chased every week or so.

Time to hassle via the estate agents then.

LongTimeMammaBear · 19/05/2021 06:49

Well, with your solicitor stating the not pay chasing and EA not doing anything, you’ll need to consider if you really want this house to wait longer until you get your answers which may be after stamp duty holiday ends.

Or give a deadline for replies or walk away, and mean it.

Bluntness100 · 19/05/2021 06:52

@MinnieMountain

Of course it’s the estate agent’s job to chase. They’re working for the seller to get the sale through- which means chasing.

Your seller’s solicitor isn’t allowed to speak to you.

It’s her solicitors job to chase for her. Any chasing the agent does will be instructed by the seller, who is paying them, and they would speak to their solicitors themselves.

Op your solicitors are awful. It is absolutely their job to chase. We have bought and sold five times and each time our solicitor has handled the searches and chased.

MerryAnton · 19/05/2021 07:06

@flyingfreehold2021

I have asked our solicitors and they have said that it's not in their pay bracket. It's the estate agents job to do the chasing..
I wouldn't be impressed with my solicitor if he said that.
Raindancer411 · 19/05/2021 07:07

Your solicitor should be asking the sellers solicitors for an flying freehold indemnity policy if they do not reply to the queries. This will cover you for any issues that may arise from the other party not maintaining the area properly.

Milesbennettdyson · 19/05/2021 07:13

It’s probably the vendor not giving the information to their solicitor. 2 weeks isn’t a particularly long time to reply to enquiries.

Then add in the mix people will not pay the true cost of Conveyancing, the SDLT holiday has caused a massive influx of work, ive even seen on LinkedIn where firms are turning away work, which is virtually unheard of!

UpTheJunktion · 19/05/2021 07:18

It could well take a couple of weeks to find ye olde ancient paperwork connected to a flying freehold.

I would expect the solicitors to send a follow up enquiry after about 10 days, I think.

My parents live in a high street where the houses fit together like Tetris, flying freehold all over the place. It doesn’t have to be a big issue.

StylishMummy · 19/05/2021 07:29

If you're set to buy the house regardless of the flying freehold, ask your solicitors to price an indemnity policy for it

PurBal · 19/05/2021 07:35

It sounds like the issue is the inefficiency of your sellers solicitor. So I'd chase the agent. Our conveyancer is working evening and weekends (including Sundays and as late as 10pm) because they are so busy. It may be that they have too much work, that would be my guess. Is this the last thing you're waiting on? Have you signed the paperwork? I know the process doesn't look the same for everyone but I'd be preparing not to hit the stamp duty holiday and making sure the agent knows you will have to pull out if it doesn't go through.

Nickinoo30 · 19/05/2021 07:35

As a conveyancer 2 weeks is not a long time to reply in the current climate.

I am currently working on post from last Thursday! The solicitor will also need to speak to their clients about the enquiries and receive written Replies to any enquiries they cannot answer. I think you just need to be a bit more patient!

Nickinoo30 · 19/05/2021 07:37

I have also been telling clients from the beginning of April if they cannot afford to buy the property whilst paying stamp duty then they seriously need to reconsider purchasing as we cannot guarantee to achieve any deadline

Bluntness100 · 19/05/2021 07:37

It sounds like the issue is the inefficiency of your sellers solicitor.

It’s both sets of solicitors and yes it’s likely it’s work load related.

GU24Mum · 19/05/2021 07:46

It's for your solicitor to do some of the chasing but the agents need to do a good amount too. The reality is that your solicitor can send in enquiries and chase for replies but that's about it - they have to wait for replies and can't go behind the scenes. The agents can find out more directly where the hold-up is ie has the seller's solicitor spoken to the seller - are they finding info - is someone sitting on this and not doing anything? If you have a hard deadline (SDLT) then you can make sure the agent absolutely knows that.

fredberr · 19/05/2021 07:55

We have a flying freehold and we moved in last year.

The house had been owned for over 50 years by the same couple before it was bought by the couple we purchased from who sold the house again after 2 years

The owners we bought from told us that the floating freehold had not been in any deeds when they bought and it took over 6 months for their solicitors to sort out. We are lucky all the work was done when we came along.

I'm sorry but if it's. It in the deeds now I think you won't meet the deadline.

Good luck though. I hope I'm wrong!

Mildura · 19/05/2021 10:23

@Bluntness100

It sounds like the issue is the inefficiency of your sellers solicitor.

It’s both sets of solicitors and yes it’s likely it’s work load related.

Current workload for solicitors means they really haven't got time to spend chasing the other side on every transaction.

The estate agents role of liaising between both solicitors and buyer and seller is perfectly normal, and at the present time of increased transaction levels even more important.

Waiting423 · 19/05/2021 10:28

If the enquiries are complicated it’s entirely reasonable that you might have to wait for answers .Your solicitor should diarise to chase … if you had a cheap quote though there might not be much willingness which is probably why it’s being pushed onto the agents .

Livingintheclouds · 19/05/2021 14:43

My solicitor chases. I also ask the EA. However, the EA for the property I just pulled out of was so noncommittal in her replies, offering no reassurance at all. She then inadvertently included me in a mass email about a new listing, so I asked her straight out if I should be looking at other properties? I checked with my lawyer she said she hadn't had responses from enquiries for a month despite chasing twice, so that was it - I started looking again and am buying another house.