Advice needed

homebuyer24

Hi all. Just registered here (long time reading before tho 😅) really need/would appreciate advice what to do in our situation.

First time buyers, trying to buy second hand property.

Last Saturday we received call from estate agent who was / is selling the house we are buying. He congratulated us and said he has been instructed by sellers solicitor to hand over the keys and the house is ours. I was really surprised because last I knew bank was waiting for the map from engineer regarding right of the way. I asked him 2 times over the phone is he sure there has not been any mistake. He assured me that no mistake has been made otherwise the solicitor would not have told him to release the keys. We met at the house after an hour and I asked him again because I couldn't believe it to be done (it has been at least 6 months of delays and new requirements to secure the mortgage). He assured me again that no mistake has been made and the house is ours. If course we were overjoyed. On Monday (bank holiday) we applied to take out or annual leave to get some renovations done and move out of rented property (which we were approved for). On Tuesday morning I tried to call my solicitor just to make sure and to ask if there is anything else we need to do as it's first time for us and I'm not sure of the process. Unfortunately my solicitors secretary/receptionist informed me that they have no information about anything like that, the mortgage has not been drawn down and apparently they are still waiting for the map. I asked for my solicitor to call me back (I was told that she was in the meeting) she assured me that the solicitor is gonna call me back. That never happened (communication with solicitor has been extremely bad trough all the process). After that I called the estate agent to ask him what happened. He said to give him an hour and he will call me back (never happened as well). Later in the afternoon I tried to call my solicitor again and she was unavailable once again but the secretary told me there is definitely a mistake and house is not ours yet. I called estate agent again and he said that the sellers solicitor has apparently made a mistake but to hold on to the keys and that we can go to the house and do whatever we want, because he is sure the deal will go through and all will be sorted in next 2 days. On top of that I received an email from our broker that our loan offer is expiring tomorrow, but that should be just a case of asking for extension. Of course we have not been to the house since Monday evening as we are not sure what's happening and don't want to be in trouble. Now today (Wednesday) I tried to call my solicitor again (just getting promises of call back and of course there is no call back) tried to call estate agent he was not answering my calls. Then I called him from different number and he answered straight away. I asked him wats happening and he just said everything is gonna be ok, don't worry sellers solicitor made mistake. Is said that I'm panicking already as we have taken our annual leave (won't get another one) our dreams has been crushed at the moment he just answered that the sellers solicitor is panicking as well and the map will be done soon and he will call me back when there will be an update (silence since then).

Has anyone ever been in the situation like that? Is there anything we can do or we just sit and wait and waste time? Who is responsible in this situation and how to fix it?

Hopefully anyone can give me advice but even if you can't give advice, thank you for reading.

XsApollo

You need to make paragraphs , I started skipping through, but I have no idea how they could handover keys and you not knowing about it or expecting it.

Have you signed contracts, the mortgage hasn’t even been drawn down? And now the mortgage offer is expiring tomorrow.

My own advice is if you were expecting keys you would know about it.

And don’t go near that house or do anything to it as someone is sure it will go through, everybody is sure until it doesn’t happen.

homebuyer24

Thanks for your answer.

Sorry for formatting, first time posting anywhere.

Contracts has been signed in February (sale agreed since start of December). 10% Deposit paid in February as well when contracts was signed.

Been promised that drawdown will happen any day now for last 6 weeks at least. And then something happening or needed last moment, so didn't seem like completely impossible thing, but hard to believe anyway.

As for doing anything, that's exactly what I'm afraid of and that's why even with estate agent saying otherwise, I'm not touching anything.

Kurooi

Nope never been through that. The usual process is that the solicitors will give you an estimated close date in advance, then they will tell you the funds have been transferred. Then you can arrange with EA to pick up the keys. After you receive confirmation from YOUR solicitors. Either the EA messed up or the sellers solicitors did, and your solicitor clearly needs to pick up the phone with both you and the other side.

The EA is nothing in this process. The transfer of the keys means nothing, it's meaningless. EAs will normally, if requested, give you access early (ahead of closing) so you can do some measurements and planning so you having access or keys is not incorrect. Don't alter anything or move your stuff in though… You don't own the property.

Realistically your AL might go to waste sitting down as I'd expect even in best of cases with the loan extension and solicitors normally taking a day or two to wrap.

But something often goes wrong with these transactions, you need to sadly, relax a moment and take a breather. Keep calling your solicitor because they need to push for progress. If I were in your shoes I wouldn't worry about losing the place, just the delay. But again that's for your solicitors to work through with you they should know whether they expect issues.

SupaCat95

Rest assured there is ALWAYS a problem when buying a house. We were cash buyers not so long ago and we had no "certificate of completion" (never heard of it before) for the garage conversion. Held the sale up for two weeks. There are always problems.

Horrible to say it but house convayence is small fry for solicitors. Its a poxy 1200-1600 for an hours work and we felt we were a "on the back burner" job. All the time. Our solicitor I felt never talked down to us but we knew we werent his top priority.

Victor

Doorstep the solicitor. I would even go so far as handing them the keys and getting a receipt for the keys from them.

Talk to your insurance broker and tell them that you expect to be taking control of the property. Mention that keys have been handed over, but that there is messing about and you don't want to leave the house uninsured.

Do not enter the property without some representative from the vendors side.

Hontou

"……..waiting for map from engineer regarding right of way". There is the issue. Maybe there isn't a right of way or a map proving there is one. Your solicitor is right to delay until this is 100% resolved. If it isn't, count your lucky stars that you don't buy a property with right of way issues. Good luck.