Moving home nightmare!

[LucySiamese]

Originally Posted by dinahsmum

What does your solicitor say?

If your solicitor is unhelpful, would you think of going to another one for some better advice. The half-hour scheme isn't expensive but anyway it's worth paying to get proper advice.
The estate agent sounds dodgy. I thought they were meant to disclose if they were connected to a vendor?

Our solicitor has been really quick, had no problems there at all and he is working with our mortgage bloke trying to get this sorted out, its just the vendors solicitor dragging theire heels.Apparently the vendor is just as gutted as they wanted it all to go through.

Im not happy with the estate agent my mum and dad came down there last night with us and my mum was fuming and said they are trying to get more money out of us and suggested something dodgey was going on... and the mate of the vendor has an attitude and he laughed!! my dad said do you find this funny? they are so ignorant!

[dinahsmum]

Is the EA part of the EA Ombudsman organisation? Can't remember its name but I'll go off and see if I can find it.
I know I have read reports of EAs being prosecuted for dodgy practices?

Edit
There ya go
http://www.oea.co.uk/
Sue the pants off them!

[Mags]

Goodness Lesley, this must be your worst nightmare what on earth has been going on!

I hope something can be sorted out for you very soon.....

[LucySiamese]

Thanks Mags, it is my worst nightmare!

Thanks for the link dinahsmum, i did phone them and they think its all ok and the seller can pull out without giving any reason at all, this wouldnt happen in scotland as the law is once the contracts are signed there is no going back.Its so unfair.

We might still be going through with the sale. The vendors solicitor is out at lunch, we have agreed to pay the money and they are apparently exchanging the contracts this afternoon! finger crossed!!

[dinahsmum]

Originally Posted by LucySiamese

We might still be going through with the sale. The vendors solicitor is out at lunch, we have agreed to pay the money and they are apparently exchanging the contracts this afternoon! finger crossed!!

Think maybe that's what these *%£@<^$ were after all along!
Fingers crossed for you - hope it all works out.

and yes, in some ways the Scottish system is better (but in some it is worse ... like the silly sealed bid thing)

[Donna]

Sorry to hear of all this Lesley. I know from working in estate agency for 9 years or so that sales can fall through at any time, right up to exchange and nothing can be done about it. Its bad for all involved.

For future advice for everyone.... dont agree to simultaneous exchange and completion!!!!! Its scary stuff and we try to avoid it at all times... for reasons just like this.

The estate agent, if they had been progressing the sale regularly and correctly, may have foreseen this problem, and it could of been dealt with much earlier in the sale before monies were spent.

Its good the agent has reduced his fees, as we are all in need of earning money - but he is helping the vendor in doing that. And if he is a friend? He should of disclosed this information at the offer stage. Section 21 of the Estate Agency Act.

I would suggest you complain to the Ombudsman (if the agent is part of this and he doesnt have to be) but I doubt they can do anything, as its hard to prove exactly when the sale fell apart due to finding out about the redemption. Did the vendor withhold the info, did he really not know, did the solicitor miss something in the figures, or what? Its hard to say who is to blame.

I do feel that once a sale is agreed and both sides solictiors are instructed it is then handed to them for getting the sale to exchange. Agents can help the sale, but cannot change anything along the way - it is all down to the solicitors and I feel that this is where the real blame should be directed at. They have a legal obligation to their client and your solicitor has failed you by not doing his job properly.

I hope it gets sorted quickly - but I would feel very upset at having to pay more money to be honest.

[LucySiamese]

Originally Posted by Donna

Sorry to hear of all this Lesley. I know from working in estate agency for 9 years or so that sales can fall through at any time, right up to exchange and nothing can be done about it. Its bad for all involved.

For future advice for everyone.... dont agree to simultaneous exchange and completion!!!!! Its scary stuff and we try to avoid it at all times... for reasons just like this.

The estate agent, if they had been progressing the sale regularly and correctly, may have foreseen this problem, and it could of been dealt with much earlier in the sale before monies were spent.

Its good the agent has reduced his fees, as we are all in need of earning money - but he is helping the vendor in doing that. And if he is a friend? He should of disclosed this information at the offer stage. Section 21 of the Estate Agency Act.

I would suggest you complain to the Ombudsman (if the agent is part of this and he doesnt have to be) but I doubt they can do anything, as its hard to prove exactly when the sale fell apart due to finding out about the redemption. Did the vendor withhold the info, did he really not know, did the solicitor miss something in the figures, or what? Its hard to say who is to blame.

I do feel that once a sale is agreed and both sides solictiors are instructed it is then handed to them for getting the sale to exchange. Agents can help the sale, but cannot change anything along the way - it is all down to the solicitors and I feel that this is where the real blame should be directed at. They have a legal obligation to their client and your solicitor has failed you by not doing his job properly.

I hope it gets sorted quickly - but I would feel very upset at having to pay more money to be honest.

Thanks for all the info Donna, we have agreed to pay the extra money and the estate agent phoned and so did our solicitor to say we need to have the bankers draft made out to the vendors solicitor because ours cannot deal with it without reviewing the mortgage offer.
We were going to the vendors solicitor with him so that the money would be payed off his mortgage at the time the contracts are exchanged and then completed.

But...

Later they phoned again and our solicitor was confused after a chat with the vendors solicitor because they have now said there is enough money to pay off his mortgage! He just wants more money because he thought he would have had more left as he didnt know about the redemption fee. So we now have to give the vendor the bankers draft either in front of a solicitor at the time the contracts exchange or in front of the estate agents (not sure how it will be done yet) but im not happy about it.

We have driven round to the house and they have left it in a mess, the front garden is full of rubbish!

If this sale does'nt go through we will lose the mortgage as they no longer do 95% mortgages but they will let this one go through, otherwise we will have to pay a 10% deposit the next time we find a house.

[Kazz]

I really feel for you, I just hope the person you are buying from remember the old adage "What goes around comes around"

I wish you every happiness in your new home.
Karen

[LucySiamese]

Thanks Karen, i really hope "what goes around comes around" because i would'nt dream of putting someone through this, its just nasty!

[dandysmom]

I just caught up on this thread, Lesley, and I am simply appalled!! What a horrible situation to be in,,,I'm so sorry! (((hugs)))