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28 Day Completion Notice from Vendor

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  • 13-11-2014 9:37pm
    #1
    Anchoa
    Registered Users Posts: 3 ✭


    Can anyone advise on the following situation. House sale agreed, 10% deposit paid. contract signed by both parties. Vendor has set the closing date for which we didn't agreed because we have not received yet all the needed documentation and details to do the final legal check before purchasing the house. The details missing are important as well for the correct registration of the deed in the Land Registry. The vendor solicitor has refused to provide any further documentation after the contract was signed from vendor and has issued us with the 28 Day Completion Notice. We want to buy the house but according to our solicitor we cannot proceed because stuff won't be accepted when registering the property in the Land Registry, and probably bank won't give the mortgage.

    All advise gratefully received.

    Thanks
    Tagged:


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    #2
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    If I interpret correctly, you have paid a deposit and signed and exchanged contracts - and now your solicitor is seeking to verify the vendor's title. Wrong way round. That's something that your solicitor should have dealt with before the signing of contracts.

    I think you should be asking your solicitor why you were advised to sign.


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    #3
    Hotzenplotz
    Registered Users Posts: 25 ✭Hotzenplotz


    Very interested in the answer to this question as we are in a very similar position. We haven't signed yet but the vendor cannot/will not provide all documents required to transfer title, yet pushing for closure on our side.


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    #4
    OREGATO
    Registered Users Posts: 898 ✭✭✭OREGATO


    Our solicitor only let us sign after the deeds, documentation and land registry checks were all in place. We had no option other than that.

    The closing date was set after we signed and paid the 10% deposit


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    #5
    Anchoa
    Registered Users Posts: 3 ✭Anchoa


    Thank you P. Breathnach. From what we could gather, the vendor's solicitor has provided all the documentation in original before the signing of the contract. Once the contract got signed they have refused providing anything else to re-join the requisitions.Thank you P. Breathnach. From what we could gather, the vendor's solicitor has provided all the documentation in original before the signing of the contract


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    #6
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    Anchoa wrote: »
    ... From what we could gather, the vendor's solicitor has provided all the documentation in original before the signing of the contract. Once the contract got signed they have refused providing anything else to re-join the requisitions....
    That does not make sense to me - but don't read to much into my inability to understand, as I am not a lawyer or particularly knowledgeable on conveyancing. I am no more than an attentive client who has bought and sold property over the years.

    What I am seeing here is the appearance that (at least) one solicitor is wrong. Your solicitor wants you to believe that the vendor's solicitor is the one who is wrong. In your situation, I think I would instruct my solicitor to respond to the Completion Notice by saying that you wish to complete, but are unable to because of the vendor's solicitor's failure to complete some necessary steps. And then listen very carefully to what your solicitor says, and make notes.

    Be prepared for the possibility that you might find yourself in dispute with your own solicitor.


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    #7
    Kelly06
    Closed Accounts Posts: 509 ✭✭✭Kelly06


    Hey you mentioned "re-join" I think you are talking about rejoinders. Your solicitor raised the standard requisitions on title and the vendor has answered them. Your solicitor is unhappy with some of the answers they have received so they are raising rejoinders. In other words clarification of some of the answers they have received or perhaps further documentation, it's not unusual. It's also impossible to say what the issue is. Trust your solicitor, you picked them and it's what your paying them for!


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    #8
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Kelly06 wrote: »
    Hey you mentioned "re-join" I think you are talking about rejoinders. Your solicitor raised the standard requisitions on title and the vendor has answered them. Your solicitor is unhappy with some of the answers they have received so they are raising rejoinders. In other words clarification of some of the answers they have received or perhaps further documentation, it's not unusual. It's also impossible to say what the issue is. Trust your solicitor, you picked them and it's what your paying them for!

    Flip side of this is they have already signed contracts- and paid over a 10% deposit.

    Before you do anything at all else OP - find out where the 10% deposit is.
    If its still with your own solicitor- breath a sigh of relief.
    If not- start cracking the whip........
    Find out the story with the deposit- and only thereafter- find out what the hell is the story with the rejoiners..........


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    #9
    Kelly06
    Closed Accounts Posts: 509 ✭✭✭Kelly06


    The_Conductor wrote: »
    Flip side of this is they have already signed contracts- and paid over a 10% deposit.

    Before you do anything at all else OP - find out where the 10% deposit is.
    If its still with your own solicitor- breath a sigh of relief.
    If not- start cracking the whip........
    Find out the story with the deposit- and only thereafter- find out what the hell is the story with the rejoiners..........

    If they have signed and exchanged contracts then the deposit is with the vendors solicitor. Requisitions are raised post contract in most cases but sometimes they are already answered in the booklet of title in the case of new developments The op needs a fuller understanding of what exactly is outstanding and why. The op's solicitor is required to certify the title to the bank for the drawdown of the op's mortgage and they are right to satisfy themselves. I would say that the op needs things to be explained to them in a way so that they understand what's going on and why their solicitor requires these further


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    #10
    gaius c
    Registered Users Posts: 3,528 ✭✭✭gaius c


    Hotzenplotz wrote: »
    Very interested in the answer to this question as we are in a very similar position. We haven't signed yet but the vendor cannot/will not provide all documents required to transfer title, yet pushing for closure on our side.

    They sound desperate to close.
    That may or may not be useful information to you when getting the best possible deal for yourself. *whistles*


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    #11
    Hotzenplotz
    Registered Users Posts: 25 ✭Hotzenplotz


    gaius c wrote: »
    They sound desperate to close.
    That may or may not be useful information to you when getting the best possible deal for yourself. *whistles*

    I wish! ! Vendor has made it very clear that there is no chance to renegotiate. In fact he thinks they are doing us a favour by giving it to us at the agreed price! I can see them walking away at this rate.


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    #12
    gaius c
    Registered Users Posts: 3,528 ✭✭✭gaius c


    Hotzenplotz wrote: »
    I wish! ! Vendor has made it very clear that there is no chance to renegotiate. In fact he thinks they are doing us a favour by giving it to us at the agreed price! I can see them walking away at this rate.

    If there's going to be legal issues and you're getting railroaded into a bad deal, then yes, they could well be doing you a favour.


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    #13
    Hotzenplotz
    Registered Users Posts: 25 ✭Hotzenplotz


    gaius c wrote: »
    If there's going to be legal issues and you're getting railroaded into a bad deal, then yes, they could well be doing you a favour.

    I don't see how charging 20k over asking price, whilst refusing to provide the legally required documents is doing us a favour?


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