Solicitors and Estate agents ******* up a sale

Discussion in 'Finance, Property, Law' started by thegimp, Jun 25, 2013.

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  1. I'm currently banging my ******* head somewhere in Brazil. (I'm just scribbling this out to get it straight in my head)

    Thougts advice please

    The story so far.....

    Found a property being repossessed, put an offer in with the idea of getting a small mortgage

    Offer accepted, local Solicitor engaged (One I've had some issues with previously but not related to property)

    Solicitor receives letter stating 28 days to exchange.

    I pay solicitor and direct her to start her searches.

    I then decide to pay cash for property and move cash to accessible place and inform my solicitor and the estate agents for the vendor

    Estate agent informs me that this may change the speed of the exchange

    I inform my solicitor its a cash buy and exchange may be brought forward. She agrees this is a possibility

    My Solicitor sends me an email saying vendor has pulled the plug, thank you for my business and if I ever want any legal services to get in touch with them in the future, referencing an attached email from the vendor (this is not attached)

    I talk to estate agent, this is untrue, vendor hasn't pulled at all but will likely want a quick exchange. Estate agent rings back and confirms an exchange date of this Friday coming. Estate agent says everything is in place just waiting for my solicitor to complete searches

    My solicitor emails saying sorry email was a "misunderstanding"

    Plans go ahead I am in regular communication with both sides

    Phone call today, vendor has pulled the sale (Again)

    My solicitor sits on her high horse saying its the other sides fault, she has a deadline exchange date for the original 28 days in letter form from the vendors solicitors and it is legally standing


    My issues are, the solicitor is utterly shit at communicating. Despite me asking specifically for 1-2 line emails to keep me up to speed along the process, even a brief phone call this hasn't happened

    The solicitor has regularly blamed the other side for delays and is complaining about the estate agents regularly contacting her, "harrassing" her

    The estate agents are utterly shit lie/bluff at every phone call and regularly blame my solicitor for hold ups and being uncommunicative.

    My Solicitor still hasn't got the searches in for an exchange this Friday

    Despite me informing my solicitor that it would be a cash deal and a speedier exchange she has made absolutely no attempt to confirm this with the vendors solicitor. Now they have pulled she is waving the initial 28 days letter she got, claiming this stands and she is in the right..Blah blah blah

    I had a feeling my solicitor was going to be a drama but had no other chance to engage another as I was leaving the country
  2. Dont kill them all in a fit of of rage. It will cost you more. Have another beer/Brazilian chica and plot calmly. The humidity and things that Latina chicks will willingly do with their tongues can befuddle your mind.


    1. What's the beef about cash? Money laundering complications or what? Can you get around this?

    2. Can you engage another solicitor to carry out the deal? If using people like Ward (they do auction deal on repossessed houses in Kent for example) can they recommend someone who will sort this shit out?

    3. As a last resort you could maybe rant about 'offer and acceptance' basic legal principle which may have been breached in this case. Worth knowing about and one which opens many closed doors, I find. Can make people brick it as its a huge area and there is always room for new jurisprudence/new cases which change the laws. The law system loves a bit of that as it makes cases drag on longer and they earn more/lose more.

    They are mainly all arrogant pimps involved with conveyancing. I did most of my own as they were useless. Their end is probably coming with easier DIY legal packages which could even be offered by supermarkets etc.

    I know some solicitors well ( plus was banging one chick who did personal injury locally) they will go into PR/politician mode about how only they can do personal injury and conveyancing etc...its bollocks, most deals are VERY simple, they should step in (ie be paid) if there are complications i think.
  3. There is no drama with the cash, its all accounted for (money laundering etc) and has been in place ready for exchange for three weeks

    I've got emails informing both the vendors and my Solicitor that it is a cash deal from four weeks ago!!
  4. sounds rather like you've been fucked around then and the system is supposed to avoid that. maybe time to get all american and jack this up til you get your way?
  5. See a solicitor.
  6. Is that (i) a Solicitor, (ii) a Solicitor whose specialty is property transactions or (iii) a Licensed Conveyancer?

    (ii) and (iii) know what they are doing, most importantly how it all works and are up to speed.

    (i) in my bitter experience at least gets wound up about non issues, slows the whole ******* thing to a dysfunctional crawl and tend to crater transactions at great cost.

    Complain, loudly.
  7. Unhappy with your lawyer? Refuse to pay her fee and/or compalin to the Law Society.
    Unhappy with the Estate Agent? Tough: he works for (and is paid by) the vendor so it's none of your business.
  8. What I want to know is if the sale bombs, what recourse have I got against the solicitor

    The key point being

    Both My solicitor and the Vendors (Through the estate agent) were informed of the change in situationit and required a faster approach

    TBH it boils down to "did my solicitor initiate all the searches as quick as possible and chase them up"

    How long do property purchase searches take. The estate agent has handled five other properties in the same build non had any unusual anomalies or hold ups
  9. Presumably you have got a Memorandum of Sale? On it should be the vendor's address etc - get in touch with him and ask what the **** is going on. He may not know his Agent/Lawyer is playing the fool and will only be too keen to kick some arse. It is not unusual for the opposing lawyers to fall out; when that happens you need to read yours the Riot Act and threaten to report him/her to the Law Society. As for the Agent: despite him working for the vendor, he still has a duty of care to you - threaten him with a referral to the Ombudsman or speak to Trading Standards.
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