Breach of contract - what to do

Just got a call from our solicitor " the closing documents are finally in "

Now he still has to check if they are complete - what I really hope

Now my question - he is talking about a last financial search before closing - what's that about?


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Presumably to check that the property is not encumbered by a mortgage or other lien and is actually free to be transferred to a new owner? Why not ask him if you don't understand?
 
I am really loosing the plot here. The documents came finally in on Monday after nearly 5 months back and forward and total and now no sign of a call from our solicitor that this has been closed.

I am so tired of running after everybody. Sorry, just had to rant here
 
Ok, now I really need advise

As you know we got the closing documents back and our solicitor asked additional questions which the vendors solicitor now refuses to deal with

We now seem to be in a no way out situation.

What can we do?

is it possible to change solicitor at this stage? As he is not local I have the feeling that he is asking questions other solicitors usually would not ask


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You can change solicitors, but probably not advisable to do it at such a stage as this, unless you have a clear reason for doing so, because the next solicitor will be cautious.

Talk to your solicitor before you take any action. Very often we don't know all of whats going on because we don't ask them. Any solicitor I have dealt with I have always ask them to explain the implications of what they are saying in plain english - usually works.
 
The solicitor is working for you. Presumably you can instruct him to forget about these questions and go ahead anyway. However if he is asking questions then presumably he has good reason to do so and you are, after all, hiring him for his legal/conveyancing expertise. If you switch solicitor now you will most likely have to pay two sets of professional legal/conveyancing fees since the existing solicitor has done work for you already.

Post crossed with wolfspeed's.
 
thanks for your reply - this is going on for 5 months now and I just have enough - it's not even that he is asking questions about the house, it's about upkeeping of roads and services

I mean if they continue to refuse and we continue to ask we are still sitting here with no result in 2 months time
 
anon33 said:
it's not even that he is asking questions about the house, it's about upkeeping of roads and services

I mean if they continue to refuse and we continue to ask we are still sitting here with no result in 2 months time
Click to expand...


Okay how would you feel if your solicitor didn't bother asking these questions and 6 months down the road you get landed with a bill for €10000 for maintenance of roads and services. Or if 2 years down the road you want to sell but the estate is in such bad repair with regard to roads and services that no one will buy ?

Your solicitor has a duty of care both to you and to your bank to provide good title to this property and that includes making sure that all is in order with regard to future maintenance and repair of roads and services. Get on to the auctioneer, tell him to get on to the vendor and tell him to get on to his solicitor to answer and close the sale.
 
I talked to the auctioneer already and he talked to the vendor's solicitor already this morning and they said thay would take care of it and nothing
happened.

We gave them notice until noon today
 
Hi anon33,

Any update on Friday? I've been reading your posts and really feel for you, v stressful altogether.
 
My solicitor did not ring me until now. He is getting quiet annoyed at this stage as he is working for a fixed rate and is constantly on the phone with me. Basically I don't know if he received anything but I presume not

Thanks for asking though. This is for definite the last house I am gonna buy:)
 
When I rang him the last time on Friday he basically told me he would ring me when he has news.



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Good news - deal has been closed yesterday

Got the call this morning. I am so happy

Thanks a lot everybody for listening over the last few weeks

Appreciated
 
Congratulations, thats great news!! You can relax and enjoy your new home now...just in time for the summer!
 
Good morning,

need again your help I am afraid. We got a letter from our solicitor this morning saying that he overpaid us back in March ( I mean the part we got back from the booking deposit ) when the deal was closed and until he gets the money back our Land registry Fees wouldn't be paid.

What are we doing now?
 
On top of that we rang the land registry and the house is still not registered on our name.
 
Basically your solicitor has made a mistake in his calculations and should have retained more money for land registry fees. Bad form on his part but these are fees due to the land registry ( a goverment agency) to register your title and you will have to pay. Until you pay, you won't be registered. It would be quite normal for him to only be going about the registration now as your documents firstly have to be stamped and may only just be back from the revenue. It may be a bit of a delay but in some cases this can happen for various reasons.
 
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