House purchase taking over a year

thor329

Hi, looking for some general advice please.

We put in an offer on a derelict house on an acre in The first week of December 2020. We hired a local solicitor and the vendors solicitor is from a neighbouring small town. We are now over a year later and it still is not complete.

There were no major issues apart from the pandemic slowing down things, but the only issue that arose was that our solicitor wanted a copy of the instrument from land registry and the vendors solicitor thought they were being too particular because the right of way was established on the maps. 

When it came to about the five month mark we instructed our solicitor to proceed without the instrument and he did as we requested and put it as a condition, but we paid our deposits and sent our contracts in may.

Despite repeated requests and letters to the vendors solicitor we did not receive their contracts. The vendor himself lives abroad but has given power of attorney to his solicitor. The estate agent called us about the delay a couple of times and we told him we were waiting on the vendors solicitor.

In November our solicitor said he was contacted by the vendors solicitor with an apology and a promise to get it off his desk in a week.

That didn’t happen.

I emailed my solicitor in early December 2021 and voiced my frustration as we were at the year anniversary and asked was there a complaints procedure we could instigate. He didn’t reply. I followed up with a phone call a couple of weeks later and he still didn’t return my call or reply. 

Could anyone advise what we could do in this situation? Is there anywhere we could go for help with this kind of thing?

We were hoping to be well on with the build going into 2022 and the house isn’t even in our name yet and materials have gone through the roof. 

Lenar3556

Unfortunate, but not an awful lot you can do, other than persist. Sounds like the seller isn’t particularly enthusiastic, nor his solicitor. The phone call from the sellers solicitor in November would give me some encouragement that at least they are still intending to proceed.

Obviously, if something else comes up you can walk away from this and pursue that.

thor329

Thanks for the reply Lenar.

the two times the estate agent rang us was because the vendor had contact him to see why he hadn’t received the cash yet, he was also expecting a quick sale. The problem appears to lie with the solicitors and in particular the vendor’s solicitor. From what I gleaned from the estate agent he told him our solicitor was being too particular over details and that’s what is causing the delay. My own solicitor has told me that it’s because the other solicitor was so busy he couldn’t get the contracts done. I’d imagine the truth lies somewhere in between. We’re just very frustrated and not sure what to do next.

AnRothar

You mention the vendor is living abroad.

I would be concerned that the inordinate delay has other factors.

For example s a situation where someone is trying to realise an inheritance that may have title issues.

You are buying a derelict building and your solicitor flagged that access via a "right of way" may not be as claimed.

For example the "right of way" may have conditions.

Hence the reluctance of the vendors solicitor to provide a document.

Your solicitor has put what as a condition? A note that they have advised you that access may be an issue and they have advised you of this and you still want to proced. ?

thor329

AnRothar- the house was bought by the vendor cheap during the recession with the intention of doing doing it up, they moved abroad for work so I think everything is legit.

the house has an old road into it, on the maps the road is clearly marked and so is the water etc but the instrument -the document that labels them from what I gather- was missing so the vendor had to apply to land registry for it. My solicitor told me with covid protocols in place this was basically running at a snails pace. We agreed to sign the contracts on the condition they furnish us with the document in due course.

tphase - it’s very frustrating. I hope it all worked out for you in the end. I will keep annoying everyone involved and hope for the best 🤞🤣

AnRothar

The vendor contacted you via the estate agent and you correctly told him the delay lay with their solicitor.

The issue is over the access.

Since the vendor has had the property a while ( bought cheap during the recession) but doesn't appear to have all the documentation may indicate some form of cash sale at the time where title was not as it should be.

A solicitor when acting on behalf of a person selling a property will give certain undertakings.

I would suspect that despite your assurances that you wish to proceed without the correct documentation may leave them open.

Ask your own solicitor what would happen if you tried to sell the property without this document, and what implications it would have for them.

Then you can assess the situation.

AnRothar