Solicitor Nightmare

[thelewisgang]

I am purchasing a shared-ownership house & got the go ahead from the housing association (I met all their criteria) on 17th October. On this date I instructed a local solicitor (my choice - no estate agent involved as it is through the housing association).

Not once have I been updated without asking for information first & have made umpteen phone calls & visits to their office & promised returned calls & not received them. I am a cash buyer, have the money ready & the house is now empty.

I have been trying to establish from my solicitor what stage we are at & why, as yet, I haven't signed contracts. The man who lived at the property signed 10 days ago. Today, after being told yesterday a call would be made to the seller's solicitor, I have been told "oh, I forgot to ring them". This is obviously completely awful & unacceptable. They promised to ring the seller's solicitor this afternoon & I rang at 5pm for an update. The answer was "we are waiting for a document to come from the seller's solicitor". When I asked his secretary what this "document" was, she said she did not know.

I am anxious to move due to personal reasons & it is now over 7 weeks since I instructed him. What could this "document" be or has he made some !!!! up & just biding time. I've been told signing of the contract should be next week but I was told that last week & the week before! Surely with no chain, my cash waiting things should not have dragged on this amount of time??

[buildersmate]

When you instructed your solicitor, did you not receive an information sheet or pack outlining the simple steps in this process? I thought these overpaid people had to do it these days. It is certainty good practice.
In simple terms, whilst the vendors solicitor is preparing the contract document for signature, your solicitor should have undertaken local and other searches on your behalf. There are some elements of choice about these, especially as you are a cash buyer (building societies insist on having most optional surveys).
Do not be fooled into thinking this is lots of hours work he is doing. It is about six hours work in total spread over several weeks, the gaps being caused by waiting for information to come back.

[buildersmate]

The document they are waiting for is probably the contract for sale, to be signed by you, and exchanged on the day. But have you been sent the details for what the vendor is saying is included and what is excluded? This needs sorting before you can exchange and should have been received by you by now. It's so you can check you agree what fixtures and fittings are remaining, plus stuff like what the vendor is saying about who owns the fences.

[chrissa1]

As per my answer to your question early in November, thelewisgang, you are not too far over my answer of 6 weeks.

Your solicitor does sound a bit lax in the information department but hopefully, the end is near. Good luck.

[thelewisgang]

Hi Buildersmate.
I received a letter from my solicitor with a scale of his charges for the searches etc but I had to ask twice before I got this! (I went with this solicitor because he was recommended to me & local. As I have a disability it is not easy for me to get into another town).

I was told two weeks ago that the relevant searches had been done/completed & the seller signed 10 days ago. So I am assuming this "document" my solicitor is now expecting is this contract which hopefully I will get to sign soon.

The amount of money I am having to pay...eventually for an awful shoddy service is just ridiculous

[Barmaid]

Write to the Senior Partner and complain saying that if you do not receive a satisfactory response you will complain to the Legal Services Ombudsman, that normally works.

[thelewisgang]

thanks chrissa1 & yes, I remember you posting before. Thank you for your response this time.

buildersmate, yes, I have received all the paperwork relating to the things he is leaving/taking from the house & also the local area - I got these papers 2 1/2 weeks ago.

Just hoping I get to sign soon as things where I am currently living are extremely difficult & need to get away from this environment soon. thank you x

[thelewisgang]

Barmaid...he is the senior partner! Just him & one other solicitor in the practice x

[buildersmate]

The standard practice is he writes you a report (it won't be very long) summarising what has been found and asking you to confirm you wish to go ahead, based on any limitations found. It's your last chance to decline before exchange.
But is it clear to you what is being left in terms of fixtures? The vendor completes a standard document. You should ask to see it

[Barmaid]

OK, he has to have a complaints procedure. Write and ask for that and set out your complaint. Seriously, dont underestimate a formal complaint - it creates all manner of trouble for them. Look on the SRA website for details of how to do it.

www.sra.org.uk

I'd write more, but I am currently struggling with technology myself.

[thelewisgang]

Yes, Buildersmate, I am completely ok with the fixtures & fittings being taken/left in the house & have been given a copy of this. I didn't have to sign anything to say I agreed with all the things being removed/taken.

I've not had any report as yet from him summarising things that have been found etc.

He is certainly being hard work!

[thelewisgang]

thank you Barmaid for that info x

[thelewisgang]

just an update....still waiting for any news re signing/completion date. Last Friday I was promised a phone call yesterday & it didn't happen & no call today either! The seller's solicitor was going to ring mine today to find out why there is this delay (just over 8 weeks now). I tried to ring mine but the phone was constantly busy grrr