Deeds of Title missing architect certs

B

bubba

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We have been trying to sell our house for the passed year. The solicitor acting for the builder we purchased the property from will not release the title deeds because it is missing 'certs'. We believe these certs are the architects certs. The builder has gone bankrupt and we found out when applying for the 1st time buyers grant he was not c2 registered. That was sorted as he got a temporary c2 cert granted. We are now in a situation where we don't seem to be legally able to sell our house. We are thinking of legal action against the builder and his solicitor, as the solicitor will not release the deeds of our house which we purchased 5 years ago!!any suggestions welcome. Our own solicitor has been useless in these proceedings and whenever we contact him he plays the blame game.
 
It seems strange to me that this wasn't all sorted when you bought the house. Are you using the same solicitor now to sell the house as you used when you were buying? Have you asked your solicitor why this wasn't all sorted when you bought the house?

I wonder (though I have no expertise in these matters) if you might get a different opinion from a different solicitor?
 
If the Certs are missing, you can instruct another Architect to inspect the property and Certify compliance with Planning Permission / Building Regulations. You should of course have received these when you bought the house but if the Builder is gone bust and you are experiencing difficulty in trying to sell your house, then the expense of getting a different Architect involved may be the quickest way to get around all of this.
 
Why would the original Builder still have the Deeds? That does not make any sense.

When you bought five years ago (presumably with a mortgage?) your solicitor should have obtained most of what was necessary to complete your registration as owners. Not getting Architects Certs. of Compliance is very basic and he should not have closed if these were not available. Is this part of an estate ? Why are these Certs. not available five years later? Is your title registered? Why has no-one been pushing/ shoving and shouting to fix the problem?

Darth Vader - a new Architect may be reluctant to get involved. Why would the original Architect not certify? Was it that they were not paid or could it be that there were major issues so that the Architect could not certify?

Very worrying - you need a very clear response from your own solicitor: what precisely is the problem? Why was it not fixed before now and what needs to be done to fix it?

mf
 
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