I need some advice please

[mrs•E]

Hello, this is more for my parents than myself but I am at my wits end, I can't begin to think how they're feeling!

Anyways, they decided to sell their house last year in September to a private buyer who is based in Dundee. A solicitor was recommended to them by this private buyer but after 8 weeks of messing about, this buyer suggested that my parents get a new solicitor, which they did, again under the recommendation of this buyer, this new solicitor is now based in Essex.
They changed solicitors on 18th December 2007, all the paperwork was in place and signed for. Obviously being so close to christmas, nothing proper was done until the start of the new year Jan 4th. A problem arose about 4 weeks ago with the lease (my mum and dad had to buy an extension onto it) but all that was sorted 2 weeks ago. Now with everything being in place they've been promised umpteen times that the money has been applied for and will be in their account within 2 days.... and it hasn't!!
The latest, yesterday, my dad had to phone the solicitors AGAIN to find out what was going on, he was told that by the end of business today the money would be in my parents account... guess what! it isn't!!

Now as you can imagine, since this has been going on since September, with the few delays expected they are now absolutely and utterly tired of it all.

They can't understand why they are being told all is ready and the money will be in their account, then it's not. When my parents phone and even my husbands had to phone them on several occasions, we are told the solicitors not in the office.

My dad has a bad heart and I'm bothered it's going to make him ill. My mums not eating and has lots loads of weight. They moved out of their house last year as the day they were supposed to be moving, they had sold all their furniture and had everything cut off, but luckily they've bought into a park home and the owners have let them move in, but they can't use the oven/fridge, etc as it would be classed as 2nd hand if the sale fell thru. they can't settle, unpack or anything and are supposed to be going abroad March 10!! My dad is talking about seeking further advice of where they stand and even pulling out, as far as they're concerned they're being taken for mugs!

What I'm asking for is suggestions and advice on where my parents stand and what we can do and say to both the buyer and solicitor, what could be causing them to lie (basically), dragging on, etc, etc....

Any help would be greatly, greatly appreciated!!

Thank you so much in advance!

Sam

[INDIZINE]

If the solicitor is telling lies, cant you report them? It sounds very unprofessional, except if the solicitor is also being told they will get it same day from the buyers and he is also being let down. That said, if that was the case surely he would be saying that was the case.

The usual reason for non payment in any life, is 1) Dont have the money 2) Delay to them getting their money to pay you 3) Change of mind - trying to back out of the deal - hope you will get fed up and go away maybe?

[mrs•E]

well this is what keeps going thru our mind.... if it was simply the money's not there why not say that, they've been told the money will be in the account for the past 8 weeks!!

I was under the impression though that once you've signed in to buy/sell a house you can't back out unless you pay the penalty's, etc.....

[INDIZINE]

so both parties have signed the exchange docs? I think you should send the solicitor a formal letter to say you will seek alternative legal action!

Forum member Antonia will be along to be more exact about the legal steps.

[mrs•E]

yep, all the papers were sorted before christmas, but because of the problem with the lease extension it's set them back 2 weeks.... how many weeks has gone by since Christmas though!!?? they just keep being fobbed off with lies!

[vvaannmmaann]

http://www.lawsociety.org.uk/home.law

[Boxby]

Is the house in Scotland?

[mrs•E]

Is the house in Scotland?

The house they've sold, no in the NOrth West.. this buyer is based in Scotland

[mrs•E]

law society link

where am I looking on this site? I haven't a clue :(

[Antonia @limeone.com]

Can you explain about the extension of the lease as you also mention a sale which normally applies to freehold property. I would need to know that first to give you some pointers on what to do next.

[mrs•E]

the property is leasehold for 99 years, something about the landowners wanted my parents to buy an extension onto the lease.... I'd never heard of this before and couldn't get my head around it, but apparantly it's quite common.

is this what you needed to know?

[Tungstone]

the property is leasehold for 99 years, something about the landowners wanted my parents to buy an extension onto the lease.... I'd never heard of this before and couldn't get my head around it, but apparantly it's quite common.

is this what you needed to know?

Youre still not very clear
The property is leasehold.

What is the residue term left?
Are your parents selling the residue?

Did you say the Landlord, is attempting to extend the lease?
Im still baffled

[mrs•E]

Youre still not very clear
The property is leasehold.

What is the residue term left?
Are your parents selling the residue?

Did you say the Landlord, is attempting to extend the lease?
Im still baffled

I don't know how to be any clearer....:|

the house is leasehold for 99 years.... they've had to buy an extension on the lease which has cost them £7k (why and how I don't understand myself, but apparantly it's common)

They've been paying ground rent for 35 years, so there would be 64 years left on the lease

They own the house but not the land.

Residue??

If that's what they're called "landlords" who own the land then yes, all this was done about 2 weeks ago thru the BUYERS solicitors. Any more on this I don't know, that's all I've been told. I din't go too much into this as the paperwork had been drafted, signed, sent back and that was it.... but it's still dragging on where they're being told things and it's not happening

[Ashley]

I'm not commenting on the rest, but it is the norn when selling the lease that a lease extension be applied at the time of sale and as part of the covancecy.

Although this is normally done with an undertaking between all parties solicitors and your solicitor forwarding the money to the lease holders solicitors on completion, this clearly did not happen in your case, maybe one of the parties was acting without a solicitor or was using a conveyancer that is not a member of the law society and one of the other parties refused to take an undertaking from that party.

[Ashley]

I tend to think this is a funding issue, the pointer would be who is paying for the extension and was this offered with the sale?

[Ashley]

misread that, that landlords wanted the extension all starting to make sense now.

Check that the extension has been recorded with the Land Registry, it really does sound like something is wrong with the paper work or the buyers ability to get funding. If the finance house are awaiting documents from the buyers conveyancer it is not automatic that your conveyancer would know, if this was the case anyone of the 3 parties could be the reason for the bottle neck.

[mrs•E]

I'm not commenting on the rest, but it is the norn when selling the lease that a lease extension be applied at the time of sale and as part of the covancecy.

Although this is normally done with an undertaking between all parties solicitors and your solicitor forwarding the money to the lease holders solicitors on completion, this clearly did not happen in your case, maybe one of the parties was acting without a solicitor or was using a conveyancer that is not a member of the law society and one of the other parties refused to take an undertaking from that party.

The lease thing has been sorted, signed and paid for, this is done.

My concerns now stand with why my parents solicitors are acting so unprofessionally, why they keep beeing told the money for the sale has been applied for and is ready to go into their account, then it's not, this has been going on for several weeks.
The buyer is telling my parents everything is ready so my parents are obviously at a loss as to why it's taking soooooo long and where they stand with the solicitors

[Antonia @limeone.com]

Have contracts been exchanged or was that dependant also on the renewal of the ground lease?

[mrs•E]

contracts were signed the first week in January, but then that problem arose about the ground lease.
My parents original moving date was December 16th! so as you can see it's dragging on somewhat.
They have again been told yesterday that the money would be in their account today... we'll just have to wait and see!

[Antonia @limeone.com]

Was the contract completion date subject to the lease being registered and if not what date was provided for completion? Your parents may have a claim for damages for their loss and inconvenience if there has been an error made here but you need to get all the information from them including dates and paperwork.

[APProperty]

Hi Sam
I have just come across your post - was this eventually sorted out for your parents?