I really can't understand why you're not telling your solicitor what you want done.
Your solicitor must have drawn down the funds because he had assurances from the vendors solicitor that they were ready to close. I know anytime, I have had a closing date, I have known in advance if it is going to close or not on a particular day because the solicitors checked in advance for any outstanding issues. And that was only if there was a day or two delay. It sounds here like the Vendor was never in a position to close so did your solicitor check before he drew down the mortgage? I know the bank will also not be happy that a mortgage cheque was issued three weeks ago and they have no security.
As said above, you need to issue the completion notion at this stage. It has gone past estate agents. As Clubman says, you need to tell your solicitor what you want.
I’ve asked about that, I’ve been replied to (by my solicitor) saying; ‘it’ll be the 25th, give it a few days’ etc.
The solicitor drew funds down without making sure that the vendor was totally ready, yes. This is what happened.
Could that be why he’s not pursuing this for us? I’m getting fobbed off when I ask about this, he doesn’t seem to care that I’ve paid another month’s rent, he didn’t answer when I asked him to raise this with the other side as a cost that we’ve incurred, he simply told me to go back to the estate agent to renegotiate at this stage, which would make me look like a right fool.
It does absolutely nothing for your shortfall. Unless your solicitor is posting here, we're all only guessing why they're not prepared to engage on the penalty clause. You need to ask them that question directly.He’s obviously not interested in going down that road, if you can’t fathom why or what he might be thinking, that’s ok, but maybe someone else might. I can’t get him on the phone, he’s now saying Friday week, but I can’t tell where that leaves my shortfall.
Is there is fixed closing date in your signed contracts? If so, what is the date? If that date has passed, have you told your solicitor to issue the 28 day completion notice? If your solicitor is not responding to phone calls then call in person, e-mail him, send him registered letters with instructions of what you want to happen. Ask your solicitor to put in writing what the delay is down to. I know it's frustrating but you have to get a clear picture and understanding of what is happening and what the issues are. Then you can decide how you want to deal with it.
Do you reckon that's what it is that he's thinking? 'Just get it done'..?My sense is your solicitor is taking the most prudent route and just letting the process run its course in the expectation that it will close shortly. Yes, you will be out of pocket to some extent, but going after compensation will cost you more money in fees and there's a chance you'll get nothing and perhaps jeopardise the sale.
Yeah, delays are common so while it is likely massively stressful for you, your solicitor sees it as just another sale with a slight delay. Solicitors are usually clued in to how likely the deal is to proceed and will advise you if they think the other side aren't serious about completing.Do you reckon that's what it is that he's thinking? 'Just get it done'..?
~4k in legal fees, with €0 compensation
I was likewise messed about on a sale (I was the vendor, so a different experience to the OP’s) and it closed 4 months after the closing date. While delays are not uncommon, the OP should instruct their solicitor to issue a completion notice. Puts pressure on the other side.Yeah, delays are common so while it is likely massively stressful for you, your solicitor sees it as just another sale with a slight delay. Solicitors are usually clued in to how likely the deal is to proceed and will advise you if they think the other side aren't serious about completing.
It's many years ago now, but on my first property purchase, the vendor missed the closing date and started messing everyone about. I got my solicitor to pursue for specific performance and I finally got it closed after about 3-4 months, that was 3-4 months where I was paying rent and the mortgage, cost me another ~4k in legal fees, with €0 compensation
If you're going to post about your problems on a public discussion forum then you'll have to accept that not everyone is going to simply agree with you and your approach and you need to be prepared to encounter a range of opinions and feedback.If you don’t know, fair enough, but it maybe leave it at that, your comments otherwise aren’t entirely helpful, with respect, they’re also quite short and curt, so if there’s nothing else you can add, please don’t. If you do think you know why my solicitor seems to think he can’t get this for me, please chime in, if not, thanks.
Without strong language specifying penalties in the contract, you're likely just throwing more money away, and no solicitor (acting for either side) would allow such language in there knowing how common delays are.Should be entitled to pursue that afterwards in a civil capacity
I think the OP's situation might be slightly different. He had previously said that his drawdown was urgent\deadline driven as a loan approval was about to expire; a bit of a mess all round for both of you..In our case, the money is drawn down and the solicitor has failed to complete all the paperwork and at the same time holds the money resulting in rent and mortgage being paid by us, so it may not be the EA to blame