Delay in sale after draw down of funds

Doireybop

Registered User
Messages
1
Hi apologies if anything like this has been asked before
I'm currently buying a house 2-3 weeks ago we were at the stage of final contracts being signed - we had signed and sent to other side (in Australia unfortunately) while awaiting return of final contract our solicitor requested draw down of mortgage in order that cheque would be there for closing which we expected would have happened 2 weeks ago. In the mean time the house was broken in to with considerable damage done which has caused a massive hold up in process. 2 weeks ago I received a letter from bank saying the money was in solicitors account.....we are now being told with insurance issues and repairs to house it's likely that will be at least another few weeks before we can close if not longer (especially with Christmas etc)
My question is: we are now required to make payments for our drawn down money only for it to sit in our solicitors account (while our deposit also sits with the other sides solicitor!) if this money was in our possession we would at least make some interest off it, not a huge amount I am aware but over 6-8 weeks would be a lot of money to us....i know we can't have access to the deposit money but is there any way we can have the money put into our account until things are sorted out??
Edited to add....we have had to pay extra rent now for time until things are sorted so will be paying rent and mortgage in same month so feel any interest money would be a help at this time
 
Last edited:
You are entitled to any interest earned while your money is on deposit with your solicitor. It should not be in the solicitor's account but in one of the client accounts.
 
I stand to corrected, but the purpose of the Insurance remains the responsibility of the vendors, but becomes a buyers problem after contracts are exchanged. To save time and money, send the Bank back their money and have your own money returned to you. As a point of note, if you still intend to purchase the property, surely you should be watching the extent of the repairs and in cases like this, short cuts could me made to save on the repairs and a good Xmas could be had thanks to the Insurance Company and a pissed off purchaser who can do nothing about it.
 
Back
Top