worzel

They have spoken to her several times recently and she always says everything is fine. They left messages for her at work and at home but with no response. The solicitor isn't getting any response either. She has only just got back from holiday so that can't be it and her car was on the drive this morning and when I went out for a walk to clear my head last night (did 8 miles I reckon - was going to turn it into a Forest Gump for a while and head for the south coast). No replies.

Rooksie

they need to be asking her/her solicitor about a local search at the very least. if they havent done that then they are taking the pi*s.

she is starting to really pi*s me off now. needless to say, she is heartless and selfish and couldn't care less about peoples feelings. looks like you can add spineless to the list as well.

i dunno mate - you've got to threaten with remarketing the house next week or something i reckon.

bridiej

I agree, make it clear you arent going to wait for her to pull her finger out...

Such a pain, and as Forrest himself coined the phrase "shit happens"

gsb

Hi Iain

So very sorry to hear that. Such bad news. I simply fail to see how some solicitors can even begin to justify their fees! Someone has not been doing their job!

I hope that things sort themselves out for you.

Cheers, Gary

worzel

I think I have finally got to the bottom of her motives. Our solicitor thinks that her divorce settlement is still not agreed. So while they might be about to complete the sale of their house on 2nd September they have yet to agree who gets how much of it. Guessing further, those proceeds would be held by a solicitor pending resolution with that. I don't know where she is planning to live in the meantime???

So she could be stalling until she gets her hands on the money or perhaps she is trying to get a short-term loan to tide her over which isn't going to be easy with no collateral.

Either way she has been concealing the truth from us.

The chink of light is that I now think she really does want to buy our house not just muck us about for the fun of it. The shutters over that chink is that the divorce settlement could take ages to resolve.

Rooksie

do they have kids?

does she work?

does she have a new man in her life?

at the end of the day you want to hope she works and doesnt have kids!!

the Brady gang

I have been advised by my solicitor (Scotland) if our buyers sign contract and come to exchange monies day and they change move or try and pull out we can ask them to pay us cost involved in re advertising the property and any other charges involved like solicotors fees etc, so I would get your solicotor to issue these threats on your behalf, or personally if it were me I'd be round her door demanding some answers and if it werent cosha I'd slap her with the bills.
The pain in all of this is not being in control.......

worzel

She has another fella, works and has 4 kids.

We have now heard via our estate agent that our buyer is said to be mortified that we may be about to relist the house as it is perfect for them and is very keen for a quick completion because her buyers are fed up with the delay and she could lose her own sale. (Believe her?)

She also said that she paid her solicitors to do her searches weeks ago and thought it was all in hand. (Believe her?)

What really doesn't stack up is that our buyer and her buyer are supposed to have agreed a completion date of next Friday but without having done the same with us. (That isn't possible is it?)

The other information we now have is that it is the same firm of solicitors acting on her purchase that is also acting for her divorce. Now get this - the person dealing with the purchase didn't even know her firm was dealing with the divorce (can they really be that incompetent?)

Her solicitors are also saying they have had no contact with her, nor done searches etc (can they really be that incompetent?)

So it seems we have a dopey buyer, an incompetent solicitor or quite possibly both .

Rooksie

She could well have agreed to sell her house with her buyer next friday and move into alternative accommodation. but have they exchanged contracts yet because until they do it aint set in stone.

they would have to be the biggest mickey mouse operation to have two lawyers acting for one client and not know about the other. i just do not believe that could happen for a whole list of reasons. it simply isnt possible. from the simplest thing to opening a file, you have to carry out client checks to see if you have acted for them before, each client has a client number which shows up all of their matters, no sorry the list is endlesss - its not possible. how many conversations must she have had with her divorce lawyer and she didnt mention the lawyer acting for her in her purchase happens to be the bloke downstairs!?!?! come on.....

did her solicitor acting for her in her purchase not ask how she is funding same!!!???? and did she not hapen to mention that X upstairs is acting in her divorce!?!?!? dont make me laugh!!

when they open files solicitors ARE SUPPOSED to do conflict searches throughout their firm to see if there is a conflict in acting for that client. Law Society Rules - especially in divorce cases if solicitors have more than one office. Involves checking with all lawyers for the firm to see if they are acting already etc etc. They should have done this.

Christ matey, i could go on and on going to shut up now!!!!

bridiej

If I were in your shoes I think I'd tell her either you exchange next week or the house is back on the market as of the 5th September.

Might kick her into action and, if not, at least you wont have wasted too much more time on her.

will send you k if I can

worzel

As it is bank holiday weekend it looks like we aren't going to get any further for a few days. The latest (significant?) development is that chinese whispers via both hers then our estate agents we have been told that her secretary's PA remembers her coming in to pay for searches and that they are ordered and should be back in a few days. But then her actual solicitor told ours they have done nothing.

I can't see us having much of a bank holiday weekend.

Rooksie

oh god, the plot thickens.

for what its worth mate these things are NEVER straight forward and with so many people having their say/inout wires ALWAYS get crossed. theres still a good chance it will be A ok

cant you just ring her direct. bol*ox to it just ring the bloody woman!! is her tel no. on the details of sale agreement thingy fromthe estate agent? what you got to lose??

coxfamuk

Oh Worzel, you poor thing!! I am so sorry that this has happened to you. This country sucks so much when it comes to house buying/selling. There is absolutely nothing to protect either the seller or the buyer - it really isn't right. I really hope that you find another buyer soon, if you have re-list it. I am sending major e-karma to you because I have to spread it around and also a cyber-hug because you certainly need it!! Good luck, pet.

empyrean

One bit of info I would offer everyone in this situation is that a few years ago I had a similar problem with a buyer pulling out after about 6 months when we were 3 weeks to completion but hadn't exchanged. I was so pissed off I wrote to the Lord Chancellor who advised me that it is perfectly legal to sell houses in England using the Scottish system ie that of the offer being binding. You MUST make sure all prospective viewers/buyers know this in advance. Just one problem - I have yet to meet and estate agent who knows this!! But it could be worth trawling around for one with a brain when there's so much at stake.

Hoping not to have the same problem - we sold our house and have bought a tiny terrace so not used up all our capital. Not great as much of our stuff is stored but it does take the pressure off when the time to move comes.

I hope it gets sorted for you , this emigrating lark is all stressful enough without this as well

karenjc

I would be around her house like a bullet, asking what is going on. As you have such a big move on your hands i would think that she would understand. At least you would get some instant feedback instead of secondhand information coming down the solicitor / estate agent chain. Good luck Darren