Scottish Law Online > Discussion Forum Community Home | Search | Contact
Welcome, Guest. Please Login or Register
Visit today Wink
Home Help Search Login Register

Page Index Toggle Pages: 1
Send Topic Print
House purchase, sellers solicitor causing delays (Read 12552 times)

I Love YaBB 2!

Posts: 1
House purchase, sellers solicitor causing delays
Aug 20th, 2007 at 5:24pm
I'm trying to buy a house but the seller's solicitor seems to be dragging his heels. On July 2nd, my solicitor requested documentation that still wasn't received in full by the 25th July...the moving date was 27th July. This lead to the moving date being postponed until 24th August, which is the end of this week. My current property isn't sold until September, so this didn't leave me too inconvenienced other than living out of boxes for a month.

I've just been informed by my solicitor that he's still waiting on some searches from the seller's solicitor. There is also an issue with the main deed of the property. It was in two names, one died, apparently there was no automatic survivor clause. The seller's solicitor says this isn't an issue, my solicitor wants some a letter from Edinburgh (not sure who this would be from) assuring him that this is not an issue.

It seems to me that the seller's solicitor is not acting in a particularly professional manor as they've had over a month originally, followed by another month's extension to collect all the paperwork, perform the searches, and resolve any issues.

I'm concerned that this is not all going to be resolved by the 24th August. If I'm left out of pocket (additional storage costs, cancelled removals, potentially a months rent somewhere) by the delays of the seller's solicitor, can I claim those expenses from them ? (I know the sellers personally and they are not aware of any outstanding actions on themselves).
Back to top
IP Logged
Senior Member

Posts: 125
Re: House purchase, sellers solicitor causing dela
Reply #1 - Aug 23rd, 2007 at 11:48am
Actually, it can be quite complicated if one owner has died and the survivore hasn't confirmed to their estate, particularly if the deceased left no will.  It means that the deceased estate has to be wound up, so the sale of the house can go through.

I would never myself have a date of entry less than two months away (although of course clients insist on much closer dates of entry all the time).  A month usually means 20 business days and in the summer includes usually at least one public holiday, people being away on holiday and this year a postal strike!

Hope it all got sorted out!
Back to top
IP Logged
Junior Member

I Love YaBB 2!

Posts: 27
Re: House purchase, sellers solicitor causing dela
Reply #2 - Nov 28th, 2007 at 7:56am
So what happens when you have a date of entry agreed and the purchaser then pulls out as happened to me.
The missives had been signed,yet with no real explanation the purchaser refused to meet the deadlines.
What comeback -if any do I have?
Back to top
IP Logged
God Member

I love YaBB 1G - SP1!

Posts: 756
Gender: male
Re: House purchase, sellers solicitor causing dela
Reply #3 - Nov 29th, 2007 at 11:13am
The comeback you have will be determined by the terms of the missives which should have penalty clauses to cover this type of thing. Usually you need to re-sell and claim damages for any loses or additional costs incurred. You need to see yor lawyer to get advice as to what the missives will allow.
Back to top
IP Logged
Page Index Toggle Pages: 1
Send Topic Print
(Moderator: YaBB Administrator)

Scottish Law Online Scottish Law Online Quick links:
Scotland: Law Society - Scottish Courts - Scotland Legislation - Scottish Parliament
England: Law Society - Courtservice - DCA - Home Office - Law Commission
UK: BAILII - OPSI - Parliament - House of Lords - Direct Gov - Legal 500 - Chambers
Europe: Europa - ECJ - ECHR - Eur-Lex - Commission - Parliament - OEIL
World: WorldLII - AustLII - CornellLII - Findlaw - UN - ICJ - WTO - Lex Mercatoria
Best of the Web: Amazon - Google - Y!Music - IMDB - BBC News - Radio1 - TV - RoF
Shop Online with Amazon
Discussion Forum Kevin F Crombie 2009