Problems with Sellers Solicitor

BrenG

Registered User
Messages
170
I am looking for advice from any solicitors out there on the following specific isssue relating to a property conveyance.
In late september 2006 we agreed to purchase a property and paid a booking deposit. There were some elays in agreeing a closing date and finally in late October following several letters from our solicitor the vendors solicitor advised that there were some problems with the property boundry which must be resolved with the owners of an adjoining property. Finally in late December the vendors solicitor told our solicitor that all issues were resolved and vendors wanted the sale closed within the week. We rushed to get everything signed and draw down the balance of the deposit by the end of that week.

The next week vendors solicitor said sorry boundry problems still not resolved cannot close sale. Since that time the vendors solicitor has ignored all calls from our solicitor and we felt that the vendor was changing his mind over property. Finally this wek we contacted the vendor directly only to be told by him that he knew nothing of ongoing boundry problems and was told that closure delay was our fault. He rang his solicitor and she gave him a very unsatisfactory explanation. Following the call from him she complained to our soliitor that us calling vendor directly was unethical.

We are now at the mercy of this solicitor if we want to continue with purchase of the property (which we do) and so is the vendor who feels that if he transfers to another solicitor issues will only be prolonged. What I would like to know is following the (hopeful) eventual closure of the sale can we get some satisfaction by reporting this solicitor to the Law Society as even by admittance of our solicitor she has been extraordinarily neglegent in the process?
 
Suggest you write to your solicitor asking him/her to detail the problems being experienced.

Then write back saying that you understand from vendor that there are no boundary problems and should matters not be resolved within a two week time frame, that you will have no option but to report the matter, not your solicitor to the law society for investigation.
 
Without knowing all the facts, it would seem that the vendors solicitor is probably in negotiations with the neighbours solicitor re the boundary and is probably waiting for this to be resolved. For your sake as future owners of the property your solicitor will require this to be in order too. I take it your solicitor hasn't received the full set of title deeds to date either so hasn't been able to investigate if the issue has been settled.

Would have thought the vendors solicitor should have informed the vendors of the ongoing issue if it is one which arose while they owned the property, unless the vendors solicitor just didn't spot it when the property was originally transferred, or possibly it was something which was started and now since the property is being sold, has to be resolved fully.

Its certainly not good practice to tell her clients (the vendors) that the delay is on your side and fair play to you for calling the vendor directly. I would suggest any action taken is cc'd to the vendors so they are kept up to date with your position.

However now that they know that there is a problem (on their solicitors part and not yours) it is likely that they will put the pressure on to have the issue resolved asap.

Re complaining to the Law Society after the sale has gone through, I'm unsure what way this would benefit you, apart from reporting their slack ways but this is your call. I'm sure the vendors are equally unhappy with the situation especially as they are paying her for the 'service' she is (not) providing. However, she may also be at the mercy of the neighbours solicitors regarding the boundary so it is a catch 22.
 
Last edited:
Just reporting a satisfactory solution to this issue. After bypassing the solicitor route and going directly to the vendor it was amazing how suddenly things started happening. Just heard back from our solicitor today that all problems have been resolved, documentation is in order and we're ready to close. Would this have happened if we just sat back and left it to the solicitors? Who knows?
 
Last edited:
Back
Top