We are (were) in the process of exchanging on the house. There's £25k worth of asbestos removal that we have negotiated in the price and was being done (by the beneficiary charity) before completion.
Their solicitor put in a completion date of 31st Jan.
We wanted to extend that date to cover adverse weather (it was planned for January but most of the work is outside) and wanted to see proof that the work had been done correctly.
He has come back and said, categorically, no.
Are our requests unreasonable and, if not, do you think we have grounds to complain about him?
He has tried to cause problems at every step, been rude/short with our solicitor, communication with him has been very slow.
You're aware the solicitor is acting on behalf of the other party and if someone is saying NO, it's them, not him ?
Completion date is an agreement between parties, if you haven't exchanged, then take no prisoners, if you have then you must have already agreed a date.
We're in the process of buying a house, two months in our solicitor still hasn't started the searches yet, i won't bore you with the rampage inducing shenanigans.
On a previous problem he was overruled by the charity. He doesn't seem to be acting in their best interests.
Proof it was being done correctly should have been built into the contract, surely?
re: dates - if they want to commit to 31 Jan for their contractor to finish the work why is that a problem for you?
Completion date is an agreement between parties, if you haven't exchanged, then take no prisoners, if you have then you must have already agreed a date.
We've pulled out as we couldn't agree on the extension to the completion date.
Proof it was being done correctly should have been built into the contract, surely?re: dates - if they want to commit to 31 Jan for their contractor to finish the work why is that a problem for you
That's what we wanted but he would not put it in writing in the contract. If we signed, saying we would complete on the 31st, if the work wasn't done we could still be forced to buy the house.
He would not entertain anything that gave us some protection, based on what our solicitor recommended.
I'd say you weren't being unreasonable, but there is (quite rightly) no way of complaining about someone else's solicitor not agreeing to contract terms that you want and his client does not.
🙂
solicitors are paid to be rude so the vendor doesn’t have to be. Buyers make ridiculous requests all the time, and the vendor is within his rights to reject them - if they believe either a) you will buy it anyway or b) they can sell it to another buyer easily your requests are likely to be rejected. The more he thinks you are taking the p the more abrupt he will be.
Now you are paying your solicitor to be on the receiving end of that rudeness too so that you don’t have to, and to know when something is taking the p. If he’s not doing that I’d be asking if he is providing good advice.*
*sometimes sols think good advice is explaining every possible pitfall and risk, but actually for inexperienced clients this puts them in a difficult position where they hear their advisors say scary things.
Stevie - am I remembering the right thread? But are you purchasing in Scotland? The process is rather different and if your solicitor is English he will be clueless and agrivating the vendors solicitor.
there is (quite rightly) no way of complaining about someone else's solicitor not agreeing to contract terms that you want and his client does not
Fair enough 🙂
Stevie - am I remembering the right thread? But are you purchasing in Scotland? The process is rather different and if your solicitor is English he will be clueless and agrivating the vendors solicitor.
No, it's in England
You're not being unreasonable.
I wouldn't exchange on the basis you describe. Satisfaction of completion of the works is a completely reasonable condition precedent to your legal obligation to complete.
This is a trick often tried on by the big housebuilders to force properties on to buyers and off their balance sheets (particularly as they approach end of accounting period). See Google for countless examples of buyers forced to occupy before their properties are ready. It never goes well.
With property the golden rule is if you're in any doubt at all, walk away. The stress and potential liabilities are just not worth it.
I'd try and bypass their solicitor and get the charity to agree to it. You pulling out may cause this - I assume an agent's involved too?
My 2p
1) their solicitor is trying to prove they can play hardball
2) being cynical - the solicitor has a mate lined up to do a quick cash sale for less than you offered 'and don;t worry about the asbestos'.
I'd try and bypass their solicitor and get the charity to agree to it. You pulling out may cause this - I assume an agent's involved too?
My 2p1) their solicitor is trying to prove they can play hardball
2) being cynical - the solicitor has a mate lined up to do a quick cash sale for less than you offered 'and don;t worry about the asbestos'.
I've emailed the main honcho at the charity, we'll see what comes back.
1) A friend, who works in the firm, has confirmed he's an old school type who likes to bully his way.
He tried to force us into signing last week and we threatened to pull out over it. The head of the EA had 'very strong words' with him. I think he's had his cage rattled and trying to **** things up.
2) That thought has crossed my mind..
steve - either solicitor based just up the road from the house in BG?
steve - either solicitor based just up the road from the house in BG?
No, just down the road from the Anupam 😉
Just remembered, I've not paid you for the SS stuff. I'll PM you 😳
Contacting the vendor direct is the way to go. Solicitors and Estate Agents just mess things things up.
I've only ever had one decent purchase experience and that was where we used a professional "conveyancer" not a solicitor. He was excellent and 100% on our side with quality negotiation tips and great additional clauses in our contract to protect us. Like a retainer if the property was not clear of goods, was an ex rental and the owner wanted us to buy his shit furniture and white goods, to save him skipping them.