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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4651
Experience:  Solicitor
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I sold my property in March .I do not have a mortgage on it

Customer Question

I sold my property in March .I do not have a mortgage on it and the buyer is a cash buyer who also owns the freehold so assured me he was ready to quickly complete. This sale has still not finalised despite numerous complaints to my solicitor . I have not had a satisfactory reply to my complaints and don't know what to do next. I have lost a significant amount of money due to this tardiness as well as missed out on other property due to having a flat which to all intents and purposes is sold but the final transfer of title not completed( waiting over six weeks for that alone ) . I am thinking of pulling out of the deal as my property is worth more now than when sale was agreed and I am fed up with my solicitors but what penalty may I incur if i pull out of the sale at this stage (contracts exchanged ) and what is my best course of action ?
Submitted: 11 months ago.
Category: Law
Expert:  Jamie-Law replied 11 months ago.

Hello my name is ***** ***** I will help you.

Just to be clear contracts HAVE been exchanged?

Customer: replied 11 months ago.
I signed a contract early August
Expert:  Jamie-Law replied 11 months ago.

You may have signed, but are you sure they have been exchanged?

Customer: replied 11 months ago.
I dont know because my solicitor has not kept me in the picture throughout the whole process. i was told after my formal complaint that the length of time to complete was not overly long and that the signing of the transfer of the deeds was the only thing left to do . That was several weeks ago and the documents have still not arrived . These documents were sent originally at the beginning of august but with the wrong sale price on them. I alerted them to this immediately and was promised that new documents would be sent . When none were forthcoming after several weeks I complained. Still awaiting documents .The same thing happened with the signing of the contract .The wrong price was on the contract so had to get them to resend.
Expert:  Jamie-Law replied 11 months ago.

ok. If contracts have not been exchanged then you can pull out. Either party can pull out at any time before contracts have been exchanged.

If contracts have been exchanged then you are committed in law to complete the sale. If you do not then the other side can sue you for breach of contract and make you complete.

If there are still issues it's unlikely you have exchanged. So ask your solicitor.

If no exchange you can pull out.

Can I clairfy anything for you about this today please?

Customer: replied 11 months ago.
Can I do anything at all about the u reasonable time the whole process has taken and indeed I still taking .The delay was not due to anything on my part and not due to anything on the buyers part,indeed they are at a loss as to what the delay is and have constantly asked me directly what the delay is.
Expert:  Jamie-Law replied 11 months ago.

Sadly not. If its down to your Solicitor then you can complain to the Legal Ombudsman. Their website is: http://www.legalombudsman.org.uk/

Or complain to the Complaints Partner, they will be designated to deal with specifically complaints.

Can I clarify anything for you about this today please?