Just furious with vendors solicitors and need advice

[theclampits]

Offer accepted on our sale 14th April, our sale is now ready and we have ftb waiting to move in.
our purchase is not ready because the vendors solicitors have really been slow, we still haven’t got the draft contracts, and they’ve only just realised they don’t have the deeds and nor do the elderly vendors, so this means an application to the land registry is needed because the house is also unregistered.
I was told by the estate agent that the vendors needed to make a statement of truth along with the evidence they have that they are the official owners of the property, which I have bought doubt about btw, been there since the 60’s raised their children there, they’ve just misplaced the deeds. I actually spoke to the vendor yesterday and she seems to think she found the deeds a couple of weeks ago and took them down to the solicitors, but she hasn’t been asked to make a statement of truth, didn’t know what that was about.
So it seems the solicitors haven’t got off their arse and done anything about this problem yet.
Im just so frustrated as we don’t want to lose our buyers, we’re thinking maybe we can move into a short term rental, but there isn’t any of those about ! Also I don’t want anyone credit checking us as I don’t know if that’s going to affect our mortgage offer.
please tell me what I should do 😭 I’m not willing to walk away from this house as it is the one, the problem is the solicitors not doing things fast enough !!!

To top it off the elderly vendor (the husband) is in hospital very poorly and doesn’t look like he’s going to even make it. The wife said she is moving regardless of what happens and has booked removals for 19yh July. You couldn’t make it up !

What is the credit check issue about? That was added in like an aside but seems very important.

I just mean we’ve already got our mortgage offer, if we moved into a rental they would want to credit check us, and I’m worrying a credit checked coming up on our files will somehow affect our mortgage offer, affordability etc

2 months really isn’t very long particularly for a chain. It will sort itself out.

I am so worried our buyers will get fed up. The estate agent keeps saying they’re fine, but I don’t know how true that is ?

Contact your solicitor and ask them to prod the vendors solicitor.

I have, she’s just as unbothered by it all ! Said there’s nothing we can do until we have the title from the land registry. My issue is the vendors solicitors hadn’t even made the application to the land registry

Do show some sympathy for the elderly couple. One day this may be you. Selling a house is very complicated.

Also keep your buyers informed (via your/their solicitors) on why the delay is happening, how it's being resolved etc. Lots of communication to keep them in the loop

Selling whilst your husband is in hospital dying too! Have some compassion it's hardly likely to be her top thought everyday.

The vendors Estate Agents and your Estate Agent should both be putting a rocket under the vendors solicitors. They do not want to lose these sales and their commissions! Most of the money they (the EAs) earn (the commission fee) should come from what is called sales progression or sales chasing - ie. making sure the sale actually happens once the offer has been agreed. They don't earn their 1% or 2% or whatever it is just from taking some photos and uploading them to a few websites.

In short, get on to your Estate Agent again. Send them an email this morning and follow up with a phone call this afternoon to check that they are acting on it. Follow up with another phone call tomorrow morning to see if any progress has been made. And repeat. You may not like EAs but they really are on your side at this stage, they do NOT want to lose the sale and have to start again.

Who's unbothered? Your solicitor? Or theirs?
If you directly say to your solicitor "please contact vendors solicitor to find out if they've made the application and if not, why not" what does your solicitor say?

The Estate Agents should be doing this.

I agree they should.
I do it too if I don't feel like progress is being made

I found asking our solicitor to chase was sometimes useless whereas the estate agent will chase more as pps have said above.
Keep communicating with your buyer and see if you can gently advise the seller on what to ask their solicitor, I had to do this very recently! But do be mindful of the stress on them, as it might cause a change of heart if it all gets too much.

That said, we just moved and it took over 4 months so it’s not unusual to take so long! Although I appreciate how frustrating it is!

Hey I have compassion !! We have a nice relationship already with the vendors!! We’ve even helped them move their stuff to another part of the country. Been round the coffees etc, please don’t think I am unsympathetic, I was just adding it in ad it does complicate matters and is an important bit of information.

My solicitor seems unbothered. I rang her 3 times Monday and I just felt like I was just pissing her off to be honest .

This is the third thread you have started in the last few days. Things won’t happen any quicker by you posting here every day. You have been told many times now it will take time if you decide to proceed with this house (in fact you were advised not to). It was your decision to go ahead with this so now have some patience.

So it is acceptable for solicitors to lie about progress they have made? I just have to be patient and let them drag this out at a snails pace? I have buyers ready to move in to my house. I owe it to them to do my best to get this done asap.

What happens if the male vendor sadly dies before completion? Is the sale going to get tangled up in probate? I thought this is a risk in this sort of situation, but nobody else has mentioned it so maybe I’m wrong?

@MayBaby1also I was advised that it is also fine to carry on with a possessory title. Which I’m fine with now, I just want the paperwork actually given to the LR to get the process started. I don’t think it’s acceptable for solicitors to make out they’ve done something that they haven’t.

Not sure, they’re joint tenants so as far as I’m aware the wife can carry on with the sale

Being angry and furious will get you nowhere. It’s so so common for everything to take ages, for things to go missing, to be waiting for documents etc. Managing your own expectations and stress is necessary. Believe your EA when they say the ftb is fine.

Conveyancing takes an average of 16 weeks in England. 2 months is halfway. You'll be a while yet and yes your FTB will wait. If they don't they'll be starting it all again.

I wondered this too. Would depend I suppose if both husband and wife will be listed on the deed paperwork when it comes through from Land Registry. But would assume that's part of the legal paperwork the solicitors are detangling.