Solicitor blocked transfer of keys

johnmurf83

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Just a quick question to ask people's opinion on this matter. I am currently nearing the end of a very lengthly process of buying a house, having gone sale agreed in early December. Six long months later and the end is finally in sight. Last week I had a call from the auctioneer wondering why the process was still being held up. I explained that my solicitor was still waiting to receive a document back from the vendor's solicitor (part of final searches), and until he received this, my solicitor couldn't transfer the monies to the vendor's solicitor. The auctioneer offered to ask the vendors for the keys in advance of this to enable me to move some stuff into the house while we were waiting for the transaction to complete fully. I accepted this offer. I got a call from the auctioneer the following evening saying that although the vendors were happy to give the keys, their solicitor put a stop to it, advising them that they still hadn't received the money from my solicitor (even though in actual fact it was they who had not sent back a necessary document to my solicitor which was preventing my solicitor from releasing funds). What has irked me is that the vendor's solicitor is in fact actually normally my solicitor of choice. I have used their professional services for the transfer of a house and land to me previously. I had paid my fees to them in a timely manner, never giving any cause to doubt my ability to pay or question my character. I could not use them for this transaction as the sellers had already nominated them to be their solicitor. Am I wrong to feel aggrieved at what I am perceiving as a lack of respect from this solicitor?
 
He is working for his client now not you. It doesn't matter what the reason is and who is at fault the simple fact is his client has not received the funds yet. Hence he rightly is not letting them release the keys.

Some may disagree and say he should release as you are trust worthy etc and he is at fault for not producing the form.

in friendly sales this may happen however as you say this has been difficult and he isn't 100% sure the sale will go through so can't release the keys
 
Best conveyancing practice is that unless the vendor solicitor has the money and has been authorised to release it to his clients that the purchasers may not get keys. Vendors solicitor is following best practice.
 
"Am I wrong to feel aggrieved at what I am perceiving as a lack of respect from this solicitor?"

Yes.

The sale has not closed - does not really matter who is at fault. The sale has not closed.

Once the sale has closed, you are entitled to your keys. But not before.

The auctioneer should not have made that offer without taking proper instructions.

mf
 
As everyone else has said, no keys until all paperwork signed. Their solicitor is right in what they are doing. Auctioneer should not have suggested otherwise.
 
Solicitors work for themselves, I my experience they come up with snags to boost their own importance. My solicitor had paid the money over and then I was told there was a snag and I could not move in, when I asked for the money back the problem was solve in a couple of hours
 
"I my experience they come up with snags to boost their own importance."

As a practising solicitor, I can tell you that we want snags like a hole in the head! We're only getting one fee, it makes no sense to make it complicated.

"when I asked for the money back the problem was solve in a couple of hours"

Perhaps it was solved not because you asked for your money back but because it took a couple of hours to resolve?

mf
 
Thanks for your input everyone. Sorry Peno, you say "he isn't 100% sure the sale will go through so can't release the keys." My understanding was that once the contract was signed and the deposit was paid, there was no backing out so to speak, or if one did they would lose their deposit! I have heard from my solicitors of something called a "caretaker's agreement" which he felt was a common enough practice. Either way, bank released funds today so hopefully will be finalised in the next day or two
 
So when you said your solicitor hadn't released funds, they hadn't even received them yet, and you wanted possession? Caretakers frowned upon nowadays, really a last resort and only if Vendors solicitor has been given funds.
 
And if you choose for some reason not to complete they have to enforce that contract through the courts while you have the keys??

If you were the vendor how would you want the solicitor to act?

Rather then being upset with what you see as a lack of trust from the solicitor you know try put yourself in the vendors shoes
 
Well I explained in the original post it wasn't something I had sought out. It was something suggested to me by the auctioneer so I didn't expect anything. It was a relatively friendly sale as while we are not known to each other, we have mutual connections. The sale was delayed by them having problems getting deeds released by the bank. As I said, the vendors didn't have a problem with passing on the keys.
 
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