The nervous wait to exchange....

Associate
Joined
18 Aug 2009
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818
Hey all,

I'm currently in the process of buying my first house with my partner. I'm a First time buyer and the seller has no chain. There is currently a hold up on draft contracts as we're waiting for correspondence from the seller's solicitor. Its already been around 3 weeks to get this through and there's still no signs of it. Has this happened to people on here before?

So 5 weeks in and still no sign of this draft contract. I've chased my solicitors and the estate agents every day for the past 2 weeks and I'm getting no where. The response I get back is that seller's solicitors will send the contract via email in the next day or two....

Is there anything I can do?

EDIT: And I just got a call from my solicitor saying they received the draft contract packs via post. Typical :D
 
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Associate
Joined
11 Aug 2015
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207
Location
Stone, Staffordshire
Sadly, I don't think you can do anything specifically.

Maybe, depending on your position, if you are first in the chain (sounds like you are), you can ask your solicitor to give your seller a timescale and suggest that you may "consider your position" to pull out and buy somewhere else if you don't get your draft contract sorted? It can be a risky strategy (particularly if there are lots of potential buyers for the property OR he calls your bluff); we once had a sale go on for three months after the seller promising to fix a moving date get contracts sorted. We eventually pulled out and bought somewhere else (that sale took about 8 weeks - this was pre-internet days). It's tough position wondering if you should stick with it a bit longer or go find something else, I feel your pain. Hopefully you are on a "no completion no fee" basis with your solicitor just in case, else you could be left out of pocket?

We've been under offer now for about a week and half. Our purchaser's buyer still hasn't sorted her DIP (or rather she did but her lender gave her a DIP without specifying a figure on it so she needs to go back and get a new DIP), its holding up the estate agent issuing the memorandum of sale to all the solictors - so none of the chain's solicitors can make contact and issue draft contracts. I have a bad feeling, hoping I'm wrong.
 
Soldato
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Essex
Thanks! I've sent an email to ensure that they are checking those things, i'd think mould/damp is a given but better to know for sure!
They're well reputed, and we opted for their bespoke/enhanced buildings survey over standard since it seemed to cover more things, hopefully it will be sufficient!
Yeah, that would be grand!
Only thing I'd add as well. If they make any conclusions about damp by using a 'damp meter' take it with a pinch of salt. Those things are useless they measure resistance between 2 points on a surface, which in theory if something is 'damp' will mean it conducts better and so the resistance drops. They'll stick this into plaster, wood, brick etc. How do they control for the different materials which will have different conductivity? They don't. They're a complete con.

Look for the more visual signs of damp, mould, blown bricks (you'll only really see this externally), pealing wall paper. These are far better indicators, and if they suggest someone injects a new 'damp proof course' into your brickwork, run for the hills.
 
Associate
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Only thing I'd add as well. If they make any conclusions about damp by using a 'damp meter' take it with a pinch of salt. Those things are useless they measure resistance between 2 points on a surface, which in theory if something is 'damp' will mean it conducts better and so the resistance drops. They'll stick this into plaster, wood, brick etc. How do they control for the different materials which will have different conductivity? They don't. They're a complete con.

Look for the more visual signs of damp, mould, blown bricks (you'll only really see this externally), pealing wall paper. These are far better indicators, and if they suggest someone injects a new 'damp proof course' into your brickwork, run for the hills.

Cool, thanks! Survey was done on Monday so should hopefully have a lovely big document to read at some point soon.

Had a call from the Solicitor regarding our sale saying we must get a new electrical and gas certificate for the house, there have been no major changes except a different hob, or light fittings and it's likely that with it being a 18ish year old hour it will fail on things such as the fuse box.
From what i've read this is not something we should entertain paying for due to the age and lack of modifications, and if the buyer wants one they should be paying..
What do people here think?
 
Soldato
Joined
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14,236
Agreed. You would only supply electrical/gas certificates for when modifications are made to the actual circuits or boiler install.

Swapping a light fitting or hob like for like is isn’t an electrical installation. I’d have to have a electrician round every week if that was the case.

It’s up to the seller to have a survey done and if they want a deeper electrical inspection as a part of their own checks. A survey will just flag that the electrical isn’t likely to be up to the current regs (due to age) and they will recommend it’s inspected by an electrician. It’s up to them to decide if they want that done at their cost.
 
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Associate
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So literally after writing that post, I got a call from my solicitor that they received the draft contract via post. Searches have now been submitted and a waiting game again.
 
Soldato
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Bristol
I wish I had nice things to say about my solicitors. I know they probably have to do a lot more than I know about but it feels like they get paid an awful lot for not doing much.

Obviously it would depend on a case by case basis but I feel for our house it was **** easy. It's a new build estate which they've done a lot of houses with (probably a rookie error but we went with the recommended ones) so it's not like they had to do research just relating to our property as they would've already carried out several searches of the same area.

I'm sure they're working hard-ish but they're awful when you have a question. Last two emails I've sent them have been unanswered. Can't wait to not have to deal with them again.
 
Man of Honour
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I bought my house in 2014, it was brand new and I used the developers recommended ones. I reserved the house on the 3rd of December and I moved in on the 19th. I was a FTB so didn't have anything to sell. After the initial fixed rate of two years ran out on my mortgage I wanted to use the equity to pay off the H2B loan. I was seeing a conveyancer for a local firm at the time and she suggested I go with them as the H2B process can be a little more complicated and the free ones that lenders use can be a nightmare. They're quite expensive usually, but she gave me discount and it all went through in a month I guess so pretty quick. It was nice because I instantly received communications from her or she would let me know what was going on. The latest time I used an online one and they were okay I guess, still took several months though for a simple remortgage. I guess it pays dividends to use your own however you may end up paying more. I suppose I was lucky in that I knew someone at the firm.

My current partner's family have used a local solicitor for years for house buying/selling who is just a mobile call away. I think we're going to use them as the house is currently on the market.
 
Associate
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We have just applied for a joint mortage with Danske (85% LTV). I heard today that Danske aren't offering mortgages to anyone who's on Furlough. I was on it for a few months but have been taken off it and returned to work a few weeks ago.

Will I be ok now that I'm not on Furlough anymore? Also when I was Furloughed, my boss was paying me the extra 20% so it didn't effect my wages.
 
Soldato
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Bristol
I would've thought that as long as your income remained the same, regardless of furloughed or not, you should be OK as you haven't had any loss of earnings.

I'm not 100% on it, but I would've thought you were fine. Someone smarter than myself will give you a better answer, I'm sure.
 
Man of Honour
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What's the deal with appointing a solicitor when selling a property? Mine has just gone on the market, I'm buying another with my mrs however we haven't found anything we like so far. The estate agent's head office are ringing me and pressuring me to use their preferred solicitor. Do I have to appoint one already? I feel as if there's nothing we like on the market so far and there's not even an offer made on my house yet there's no real rush. We aren't in any hurry to move either, as long as it's before the stamp duty change next year.
 
Soldato
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Estate Agents spend all day selling houses. They know which solicitors are easy to work with, and those that are a royal PITA. Why would you not take their advise?

And I expect you will change your 'there's no real rush' attitude when other delays start creeping in, and you're getting closer to that stamp duty holiday date.
 
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Associate
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Belfast
What's the deal with appointing a solicitor when selling a property? Mine has just gone on the market, I'm buying another with my mrs however we haven't found anything we like so far. The estate agent's head office are ringing me and pressuring me to use their preferred solicitor. Do I have to appoint one already? I feel as if there's nothing we like on the market so far and there's not even an offer made on my house yet there's no real rush. We aren't in any hurry to move either, as long as it's before the stamp duty change next year.

You will be surprised how quick that date will come. If I was you I'd be getting everything I can sorted now to make things go more smoothly down the line.
 
Associate
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You don't really need solicitors until you accept an offer on your current home, but I guess they want all details sorted before that happens getting one chosen helps make things move a little quicker (not much) once you do receive an offer. You don't pay anything until the process of selling/purchasing really kicks off.

Choosing a solicitor can be a pain, estate agents have their preferred ones (also they *might* get a referral payment from solicitors that get business directed to them, which sometimes means you *might* get a useless one). Also depends on your moving cost budget, I'd suggest ringing around a few local solicitors and get quotes on conveyancing fees for selling and for purchasing (make sure you understand what's included and what's not), see if there's a "no completion no fee" type of arrangement (just in case things go south), then see about the ones suggested by the estate agents - compare and make a choice.

That'd be my suggestion.
 
Man of Honour
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The one they suggested is a local one and does have good reviews on Trustpilot and Google reviews, but I think we are going to use my mrs's solicitor that I mentioned above, her family have been using him for years.
 
Soldato
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Location
Sandwich, Kent
The one they suggested is a local one and does have good reviews on Trustpilot and Google reviews, but I think we are going to use my mrs's solicitor that I mentioned above, her family have been using him for years.
My buyers are doing that - using the 'family solicitors' - and they're f-ing useless. Their incompetence and dithering has delayed the sale by over a month - possibly more. Our estate agents have said they'll never work with them again.
 
Associate
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When checking who to appoint I looked at reviewsolicitors.co.uk and contacted the top rated in my area for quotes, then weighed up the pros and cons depending how they responded, cost, etc.

Unsure how good the people I found on there will be over the whole process, but they're well reputed so hopefully fairly well!
 
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