Delays and Costs - Who should pay?

Surely you are also accruing interest on the loan too? From the banks pov the money is with you and is owed.
 
ClubMan said:
I really can't understand why you're not telling your solicitor what you want done.
Click to expand...

I’ve already written that I have, and his reply. He hasn’t acknowledged anything other than saying ‘it’s closing next week’ and telling me the estate agent is the one to talk to.

You’ve been here commenting one liners since the start, you must have read it. Can’t understand, I’ve already said what response I’m getting.

He’s obviously not interested in going down that road, if you can’t fathom why or what he might be thinking, that’s ok, but maybe someone else might. I can’t get him on the phone, he’s now saying Friday week, but I can’t tell where that leaves my shortfall.

If you don’t know, fair enough, but it maybe leave it at that, your comments otherwise aren’t entirely helpful, with respect, they’re also quite short and curt, so if there’s nothing else you can add, please don’t.

If you do think you know why my solicitor seems to think he can’t get this for me, please chime in, if not, thanks.
 

I’ve asked about that, I’ve been replied to (by my solicitor) saying; ‘it’ll be the 25th, give it a few days’ etc.

The solicitor drew funds down without making sure that the vendor was totally ready, yes. This is what happened.

Could that be why he’s not pursuing this for us? I’m getting fobbed off when I ask about this, he doesn’t seem to care that I’ve paid another month’s rent, he didn’t answer when I asked him to raise this with the other side as a cost that we’ve incurred, he simply told me to go back to the estate agent to renegotiate at this stage, which would make me look like a right fool.
 

Is there is fixed closing date in your signed contracts? If so, what is the date? If that date has passed, have you told your solicitor to issue the 28 day completion notice? If your solicitor is not responding to phone calls then call in person, e-mail him, send him registered letters with instructions of what you want to happen. Ask your solicitor to put in writing what the delay is down to. I know it's frustrating but you have to get a clear picture and understanding of what is happening and what the issues are. Then you can decide how you want to deal with it.
 
It does absolutely nothing for your shortfall. Unless your solicitor is posting here, we're all only guessing why they're not prepared to engage on the penalty clause. You need to ask them that question directly.

Your solicitor telling you to talk to the EA is just fobbing you off, they know well there is no route you can take to obtain any form of compensation from them. You can only go after the vendor, and only within the limits of the terms inserted in the contract by your solicitor.

My sense is your solicitor is taking the most prudent route and just letting the process run its course in the expectation that it will close shortly. Yes, you will be out of pocket to some extent, but going after compensation will cost you more money in fees and there's a chance you'll get nothing and perhaps jeopardise the sale.
 

He said that the vendor's vendor (vendor 2) delayed and didn't move along, so he went with another house he was sale agreed on. That first house was due to close 3 weeks ago, since then we've been dragged along, being told; 'Vendor is actually sale agreed on another house, just haggling the price, we'll get it closed very fast, he's a cash buyer.' Our solicitor said he 'could not close' as he'd have nowhere to go to.

The problem was waiting for updates cos we didn't know when anything would happen. Every day pulling our hair out, drawn down, no date, no keys, no update on the closing.. Then we bit the bullet, we could not wait any longer, we had to call our landlord and tell him that we needed to stay another month.. cos it was the 8th of February, I needed to pay the landlord or give him notice.

Then this week they come back and say 'how's the 25th, will that work?' Yes, cos out mortgage is due the next day, we have to get in there. I'm out €4k for the month of February on the back of this.

Ok, so.. He couldn't close as his first vendor didn't play ball, but he's delayed us in the process of all of this, while we've been begging them to close for months, then this last minute.. Another 2 grand... I swear to god, I feel aged and scarred by this purchase, I really do.

2 Grand I needed for renovation... Ok, so the Vendor 2 didn't work out, he didn't act, that's not my vendor's fault, but in the process of waiting for him, I've had to incur more cost. Fault aside, it's more money I've had to pay.
 
Do you reckon that's what it is that he's thinking? 'Just get it done'..?
 
vincentgav said:
Do you reckon that's what it is that he's thinking? 'Just get it done'..?
Click to expand...
Yeah, delays are common so while it is likely massively stressful for you, your solicitor sees it as just another sale with a slight delay. Solicitors are usually clued in to how likely the deal is to proceed and will advise you if they think the other side aren't serious about completing.

It's many years ago now, but on my first property purchase, the vendor missed the closing date and started messing everyone about. I got my solicitor to pursue for specific performance and I finally got it closed after about 3-4 months, that was 3-4 months where I was paying rent and the mortgage, cost me another ~4k in legal fees, with €0 compensation
 
I was likewise messed about on a sale (I was the vendor, so a different experience to the OP’s) and it closed 4 months after the closing date. While delays are not uncommon, the OP should instruct their solicitor to issue a completion notice. Puts pressure on the other side.
 
If you're going to post about your problems on a public discussion forum then you'll have to accept that not everyone is going to simply agree with you and your approach and you need to be prepared to encounter a range of opinions and feedback.

If your solicitor isn't responding then you should go in person to their office. But maybe they have other reasons for not returning calls and engaging with you.
 
vincentgav said:
Should be entitled to pursue that afterwards in a civil capacity
Click to expand...
Without strong language specifying penalties in the contract, you're likely just throwing more money away, and no solicitor (acting for either side) would allow such language in there knowing how common delays are.

If my case had made it to the High Court rather than been conceded beforehand, I might have been able to put forward a claim for costs, but I was advised that was going to cost more with a real risk of getting nothing.
 
In our case, the money is drawn down and the solicitor has failed to complete all the paperwork and at the same time holds the money resulting in rent and mortgage being paid by us, so it may not be the EA to blame
 
Last edited:
roker said:
In our case, the money is drawn down and the solicitor has failed to complete all the paperwork and at the same time holds the money resulting in rent and mortgage being paid by us, so it may not be the EA to blame
Click to expand...
I think the OP's situation might be slightly different. He had previously said that his drawdown was urgent\deadline driven as a loan approval was about to expire; a bit of a mess all round for both of you..

Although a scant consolation. do bear in mind that the cashflow impact is one thing but the actual cost is quite a bit less ( the cost is the additional mortgage interest)
 
You must log in or register to reply here.
Menu
Log in
Register