Seller's solicitors aren't replying to our enquiries

[flyingfreehold2021]

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

You know what @Bluntness100 it’s a while since I had files of my own but I absolutely did expect the estate agents to chase as well if the purchaser client thought it necessary. Which it clearly is here.

I’ve always went through my solicitor. The agent works on behalf of the seller and will tell you whatever the seller wishes them to say, unless it’s clearly a lie. I’ve always asked my solicitor to chase and they have always done so.

The estate agent’s job is to get the sale through.

I’m so glad I no longer speak to clients.

I have told the EA that if the seller was serious about selling than it’s her job to chase her solicitors. I have also made it clear to the estate agent that we agreed on a completion date of end of June, and at the rate they are going in, we aren’t going to make it. I think the seller feels as the stamp duty is for us to pay, she is in no hurry to push the sale along.

I think I’m done with chasing now.. I doubt it’s going to make any difference whether we chase or not, if the seller isn’t being proactive, it’s not going to happen.

Does anyone know how much indemnity insurance might cost for flying freehold?

Oh don't get me started on flying freehold issues, my aunt has been having a difficult time of things sorting one out for property she's selling at probate.

Can't remember exactly but I'm sure she said about 150 quid or so for indemnity insurance, but need to check if you have a mortgage that the mortgage company will accept one (not all do it seems!)

It’s 4 weeks today that we sent out initial enquiries- still no response. With only 5 weeks to go until end of stamp duty holiday, I don’t know what to do. Our solicitors, estate agents, no one seems bothered except us. I feel like giving up!

I don’t know if I should kick up a fuss and threaten to pull out( although we don’t want to) or go completely silent, and after the stamp duty holiday, we negotiate. Not sure how long we should give them, before we know it’s not happening.

Please help.. this is our second house.. we have been trying to buy since last September... so very tired of this..

If it doesn't happen then you got a good reason to negotiate. The insurances aren't generally much but depends on what ones. Some range from £45 and others on the hundreds.

The vendor’s solicitor is literally not allowed to talk directly to you, so cross that off your list as an option. That said, when v fed up, I did once call one up and start the conversation with “I know you’re not allowd to talk to me but you can listen while I talk to you and I need to say that...”

Your solicitor is being crap but there isn’t much they can do, it’s true that coveyancing fees don’t cover much more than form filling and a few emails.

The estate agent is the only person who can get this going. I doubt the vendor is messing about, is more likely they have a crap solicitor (there are very few competent conveyancing solicitors). Call the agent again and say that you’re worried that the deal is falling through, you’ve been waiting for weeks to a simple question, as the vendor’s solicitor is being so slow can the vendor provide the answer to the estate agent for them to forward to you? That would clarify whether is the vendor or the vendor’s solicitor who is the problem.

My deal nearly fell apart because my solicitor sent a question and then did no work for weeks while waiting for a reply. The issue worrying my solicitor was that the bathroom window wasn’t frosted glass and legally it should be. A £500k deal nearly collapsed over something that would cost v little to fix cos my guy was dim and lazy.

Flying freeholds can get complicated tho, make sure you understand what you’re buying. Also if any legal problems come up but you’re still keen to buy, ask your solicitor if you can insure against the risk. My solicitor panicked me for days and the solution was a £20 insurance policy 🤦‍♀️

Ps You could try saying that the price agreed was for exhange of contracts in June and if they are not able to meet that very reasonable timescale then the price will have to shift to reflect the financial loss their delay is causing

@flyingfreehold2021 I've just bought indemnity insurance for our property (I'm a seller) not for flying freehold but for unspecific restrictive covenants. Cost me £248. By doing this it means we can move to exchange because it was v key for the buyer to get over the line by 30 June and this issue was holding us all up.

Sorry your sellers are being such arses. They should buy the insurance really. They might be struggling to get time with their solicitor/conveyancer - they are all so busy trying to make the 30 June deadline!

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

Except that in the real world EAs DO chase things when asked questions by the buyer. Yes they work on behalf of the vendor but they work to keep the chain moving towards them getting their commission.

I have bought as many times as you (once more, actually) and increasingly the EAs job has gone far beyond marketing the property. They will speak directly to both solicitors.

And buying and selling right now is not the same as buying and selling at other times.

Update!! The seller came back yesterday, and has completely denied any knowledge of flying freehold.. our solicitor, estate agents and us are flabbergasted. The seller told the estate agents from onset it’s flying freehold. Now the seller wants proof that there is a freehold, as it’s not on their survey when they did it 14 ago. I don’t know whether to laugh or cry. We will send over our survey which clearly states that 15% of property has a flying freehold.