Advice please..

[cholton]

We are in the process of buying a flat for the first time and just wondered if anyone can shed some light on the following..

We have been notified of an exchange date by the estate agent - despite outstanding surveys/ searches/ information requests - not our solicitor. Is this normal procedure? Is it even legal to exchange before the completion of surveys etc?

We have requested various reports including an environmental report for example, again is it standard procedure that a solicitor would advice you on such reports, not just provide them?

Finally, does anyone have any experience of changing a solicitor in the middle of the sale process? Are you allowed to do this?

Thanks for taking the time to read this and we'd really appreciate any advice if possible!

[Mustard]

It sounds like the seller has told the estate agent when they want you to exchange. It's not normal to exchange before surveys and searches.

Is there a chain, meaning are the people you are buying from buying something else? If so, it could be that their seller is pushing them, and so on up the line.

Are you sure you aren't in a contract race with another purchaser? This happened to me once, as it turned out that the seller had accepted three offers, including one from me and it was a question of who could exchange and complete first. I pulled out.

I believe you can exchange before surveys etc. come back, but you would have to take out insurance to cover this, and it's really not a very good idea.

Buying a leasehold flat is usually a lot more complicated than a freehold house, as the solicitor has to read the lease thoroughly, and the seller's information form, as well as ask questions of the freeholder about past and future repairs, charges etc.

I wouldn't be swayed by the estate agent, just tell him you are going as fast as possible and that you are waiting for various bits of information to come back.

Don't be afraid to call your solicitor and ask questions about how long things are taking. I haven't heard of changing solicitors in the middle of the process, I guess it could be done, but you might have to pay two sets of fees.

[cholton]

Thanks Mustard, that's really helpful.

We're feeling really lost. We know the agents are probably hassling us on the sellers behalf because of their chain. As for the 'race', this has crossed our mind but I guess we can't be sure until/if that happens.

We went with a solicitor recommended by the estate agent and have been constantly contacting them (where we can get hold of them), but we do seem to be met with a wall of silence for the most part and we have been told today that they are now on holiday.

Anyway thank you for your message, as I said we are very green and were not sure how much of this is simply par for the course or whether we are having particularly bad luck!

[Mustard]

You should be told if you are in a contract race! Otherwise you could waste money on surveys for no reason!

Tell the estate agent that the solicitor has gone on holiday, and reiterate it's the one they recommended. Someone should have been given the files to deal with, his/her assistant or secretary.....you could always contact the owner of the conveyancing firm and tell them your feelings.

The estate agents are probably getting a fee for recommending you.

[cholton]

Ah I see, well hopefully that's not the case then!

Yes we spoke to the agents today, so hopefully we will get some answers come Monday..

Thank you again for your advise- we really appreciate it.