Seller is STALLING

réaltín09 said:
will i still have to pay my solicitor his full fee if the sale falls through? and then have to re-hire him if another house comes up..??
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you'll still have to pay your solicitor but you should be able to negotiate his/her fee down as their paperwork etc. is reduced. Also put to him/her that you'll be using their services when you do find another house to buy.

From my experience I've always found the solicitors I've dealt with very fair and they've never overcharged me.
 
OP would you not prefer to pay a small amount for a fee to your solicitor than purchase a property at the incorrect price ?
 
Is the house currently rented?? May there be an issue around that if so? I.E Tenants refusing to leave unless rehoused, or monies owed, or seller getting extra month of rent in...etc
 
What is the problem with the loan offer expiring? Can't you get another loan offer?

If you are buying a house from a seperating couple than that should tell you that there could be trouble ahead.

If you walk away from this next time know what fees you will have to pay in advance, for examply you could negotiate with your solicitor that no purchase is no fee, you don't need a broker, you can get your own loan so no fee, some banks pay for valuations and a structural survey is worth every penny you will pay for it.

It is most important that your contract has a subject to mortgage clause in it. You can also make it subject to a proper survey so that you are further ahead in the process (and everybody is serious) before spending money.

The reason the Estate Agent has nothing to tell you is probably he doesn't know himself what is going on, the only people who do are the couple.

Mercman I fail to see your point in relation to solicitors in relation to conveyancing in this particularly simple case?
 
Bronte said:
Mercman I fail to see your point in relation to solicitors in relation to conveyancing in this particularly simple case?
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My posts have been in reply to 'vanilla' for which there is an amount of argy bargy going on between the two of is. Vanilla is defending the indefensible.
 
mercman said:
Hang on until I find a box of lemons to suck. Law Society Professional Guidelines are for the birds. Nobody takes any notice of them.
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In fairness, you threw this spin ball in out of no-where! It is not acceptable for a solicitor to talk to the other side save through their solicitor. End of.

"My posts have been in reply to 'vanilla' for which there is an amount of argy bargy going on between the two of is. Vanilla is defending the indefensible."

Vanilla is not defending the indefensible. Vanilla is responding to an off the wall comment that then spiralled when challenged.

What started off as a "Seller is STALLING" thread has now transpired to be a warring, separating couple selling with all the attendant issues that arise.

mf
 
mercman said:
My posts have been in reply to 'vanilla' for which there is an amount of argy bargy going on between the two of is. Vanilla is defending the indefensible.
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This is not correct.

Vanilla gave sound advice not to contact the vendor's soliticitor - do you not agree that one should not contact the vendor's solicitor?

What is Vanilla defending that is indefensible in this thread?
 
Vanilla said:
It's against law society professional guidelines for solicitors to talk to another solicitor's client, so please don't do this. you.
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This.

And frankly I do not wish to have an open spat on a Public Forum. If you want to have a pop at me and vice versa, do it through the PM route.
 
mercman said:
This.

And frankly I do not wish to have an open spat on a Public Forum. If you want to have a pop at me and vice versa, do it through the PM route.
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I was not having a pop at you at all. I wanted to understand your point.

The point you are making is that sometimes solicitors talk to each other off the record/in secret etc, this I know, but it has absolutely nothing to do with this thread. If I am misunderstanding you than please clarify.

I don't see the need to PM when I'm sure other people on here would like to understand the advice you are giving as well.
 
Ceatharlach has a point. A friend of mine is trying to sell his house but has tenants in it. They are not legally contracted but no doubt if he gets a sale there will be problems. The auctioneer he's selling through also knows the state of play.

OP, my advise OP is to go looking for a different property. I sold an investment property last year and was told by my solicitor to waste no time signing contracts as all solicitors had been made aware that mortgage approvals were been retracted right up to the date of signing.
 
Exact same thing happened to me a few months back. The seller actually went MIA for nearly a month while the sale was supposed to be going through. She'd promised a quick sale and I had handed in my notice where I was renting, and then just went missing (personal problems apparently) and couldn't be contacted by her solicitor or the estate agent.

Like you I'd agreed legal fees, paid for the survey and valuation, and even had all my furniture ordered. My solicitor said the only option was to tell the sellers solicitor if she (seller) hadn't the contracts back and signed without 2 days I was pulling out of the sale. By this stage, the contracts had been with her for 4 weeks and two closing dates had passed. And low and behold, she came out of hiding and signed the contracts straight away.

Like you, I was scared out of my mind that I'd lose the house, cos it was the only one I'd seen in 4 months of searching that I really liked, and knew it was for me. But in the end, it all came through. My solicitor thinks she was just in a huff cos she was getting €200k under her original asking price (from 2 years earlier) and wanted to make things difficult.

Good luck!!
 


Wrong, completely and utterly wrong, right and right.

1 - The OP is 100% right. "Sale Agreed" stage is when an offer has been accepted, but contracts not signed. After contracts have been signed, the house is labelled "Sold".

2 - Why would anybody waste money on a survey after they have signed contracts and are legally obliged to buy the house anyway? Anybody who has bought a house in the last 20 years will tell you that you get the survey done before you sign contracts. And again, the OP is right. You have to get the valuation done for the bank before you can draw down the mortgage. Anybody who waits until they have already signed contracts before getting a valuation (and legally committing themselves to the sale) would be just plain stupid.

I agree with you on points 3 and 4 though
 
RIAD_BSC said:
Why would anybody waste money on a survey after they have signed contracts and are legally obliged to buy the house anyway? Anybody who has bought a house in the last 20 years will tell you that you get the survey done before you sign contracts.
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Think you missed the words 'subject to survey' in mathepacs post. It is perfectly possible to sign contracts in this manner and to be able to pull out of the purchase if the survey result is not acceptable. In fact some people might think it was silly to waste money on a survey when the vendor is not yet committed to sell. This was more of a common attitude in the boom times when gazumping was a real possibility. Nowadays people are more likely to trust the vendor to go through with the deal despite contracts not being signed as there is unlikely to be as much ( or any) competition.
 
First, I must apologise to OP; the thread has been dragged wildly off-topic by some posters already, and IMHO parts of it have generated more distraction and off-topic heat than on-topic light for OP's benefit. Hopefully my comments here will not be seen as more of the same.
RIAD_BSC said:
Wrong, completely and utterly wrong, right and right. ....
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You will notice that I prefaced my remarks above with a clear statement that they were opinions - not advice and not paid-for legal opinion, just my opinions as an ordinary poster. You may disagree with them, but that doesn't make my opinions right or wrong, it just means we have a divergence of opinions.
RIAD_BSC said:
... 1 - The OP is 100% right. "Sale Agreed" stage is when an offer has been accepted, but contracts not signed. After contracts have been signed, the house is labelled "Sold"...
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Having bought and sold real property on a number of occasions, on my own behalf, on behalf of family members and having acted as executor for estates a couple of times, I know that until contracts are signed nothing is agreed and an estate agent sticking little signs on a lawn or attaching them to a pole makes not one whit of difference to the status of a property and imposes no legal obligation on either the buyer or the seller. EAs bandy all kinds of words about in their literature and conversations, most of it is “sales speak”, because that’s the job they do - selling, and none of it changes the ownership or status of a piece of real property.

Also refer to other experienced posters in this same thread for their opinions about “sale agreed” superimposed on a For Sale sign, even if the property is no longer being advertised.
RIAD_BSC said:
... 2 - Why would anybody waste money on a survey after they have signed contracts and are legally obliged to buy the house anyway? …
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I think here you display the same naivete as OP, and I can only assume that is because you have bought and sold a similar number of properties.

This is a buyer’s market and in order to attract and keep buyers, sellers will now ask their solicitors to accept previously unacceptable clauses in contracts, for example, :

  • The buyer obtaining a mortgage
  • A full structural survey which highlights no problems
  • Proof of compliance with building regulations and planning conditions
  • Etc.
In simple terms, the contract remains “conditional” until conditions like those listed are satisfied and if the conditions are not satisfied, then the contract is null and void. So far from wasting money on a survey, paying for it, conducting it and writing it into the conditions of the the sale / purchase contract is a smart way of avoiding a serious and very expensive mistake.
RIAD_BSC said:
... Anybody who has bought a house in the last 20 years will tell you that you get the survey done before you sign contracts. …
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In the last few years in a seller’s market, some people purchasing property have done incredibly stupid things, (buying off plans, buying multiple properties with booking deposits in the expectation of “selling on” and making a quick killing, buying new properties without full structural surveys, buying investment properties because there was a bottomless rentals market, etc.) and I have heard nothing that confers retrospective validity or intelligence on many of their actions.

Personal experience has helped to form my opinion as have the mistakes of others.
RIAD_BSC said:
... And again, the OP is right …
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Hopefully OP in expressing his / her opinion is basing it on his / her experience in property market, but a few things about his /her posts have lead me to conclude, rightly or wrongly, that this experience is limited. Firstly, “any advice to share with a nervous FTB!“, secondly “and as for being "unwise" to have spent my money on a survey and a valuation, I was "instructed" to by my bank, my broker and the estate agent...sure thats a requirement before the contract is signed...“ A prospective buyer doesn't take instruction from a bank, a broker or an EA; two if not all of those organisations are in the business of selling TO the purchaser, so instructions or expectations about performance flow in precisely the opposite direction.

First, refer to my comments above about placing conditions in a contract, and second, as a matter of course, before approving a mortgage application, banks will send out their own valuer anyway (although this may be different if OP is working through a paid broker).
 
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