Selling my house and buyers solicitor is trying to create a false narrative. Can I complain?

[starfish2000]

I had an offer on my house at the end of July this year. But the first survey was actually incompetent ( they mistook the room we’d had converted to a bathroom with our Victorian era attic room) but instead of trying to accept the survey had issues, the buyers solicitor tried to influence a price drop. I refused and then they lost their mortgage offer. A second mortgage was put in place and a second survey last month.

This second survey appeared to not highlight any cause for concern. Until a week later when the buyers solicitor suddenly at the very 11th hour came up with a big list of “problems”. One of these was a so called damp problem. Yet we have no damp issue and Im actually related to a man who runs a damp proofing company and gives advice on it on a few Channel 4 property programmes. He didn’t find any damp.

As I have other relatives in the building trade who also worked on the property I was able to robustly answer these daft questions. I accused the solicitor of trying to lowball me again and threatened to withdraw. All of a sudden the solicitor backtracked. The issues all vanished apart from trivial things about chimney sweeping and a boiler certificate.

Now this near 6 months of back and forth has really hit my wifes mental health. She’s been off work with the stress of it. At this point I literally feel like the buyers solicitor has been more interested in creating a false narrative to justify her earlier actions than progress the sale.

Is there anyone I can complain too? Like the Law Society? Or is this a waste of time?

 

[weltweit]

I wonder why your agent hasn't been able to rustle up a properly new bidder?

 

[moochedit]

Just trying to get you to drop the price by creating these last min issues. Cunts.

 

[moochedit]

I wonder why your agent hasn't been able to rustle up a properly new bidder?

Probably on a back hander from the other side!

 

[sleaterkinney]

Give them a deadline for completing the sale.

 

[Boudicca]

Possibly the solicitor is related to the buyer and has been boasting how he can get the price down for them.

 

[Miss-Shelf]

reach out to the estate agent[ if you used one] to see if the buyers would be willing to have a conversation with you outside of the solicitors to elicit their view of the process

 

[Magnus McGinty]

No idea but I’d start my search for some kind of legal ombudsman.

 

[Epona]

Do you have your own copy of the second survey? If not, could you get one direct from the surveyor? This should be able to prove that the buyer's side are making shit up to try to get a price drop.

Are you desperate to move? It sounds as if it is having a terrible impact on the wellbeing of yourself and your partner - I'd be tempted to call their bluff by threatening to pull out (EDIT - sorry, just reread and you have already done that with some success) - there are lots of buyers at the moment.

EDIT: Legal Ombudsman would be the next step if you wanted to make a complaint about the buyer's conveyaning solicitor.
If the first surveyor made an error I'd be inclined to complain to the relevant governing body about that too, these services are somewhat necessary and cost a fucking fortune, if a fucked up survey cost you a sale and time/effort/money I'd complain about that too, to whichever body regulates that industry.

 

[nogojones]

The markets gone up in the last six months. Fuck them off telling them why through your agent and put it back on the market.

 

[kebabking]

starfish2000 in the current market, unless you are literally trying to flog a house with no roof, I'd simply tell the buyer to get stuffed and re-advertise the house.

The current average time a house is on the market is 5 days.

6 months is laughable. Chin them off.

 

[moochedit]

Possibly the solicitor is related to the buyer and has been boasting how he can get the price down for them.

My mum had a very simalar experience to the OP after my dad died and we suspected her estate agent was working with the buyers soliciter.

 

[weltweit]

What status has your agent got for your house, if they have it listed as sold subject to contract then new viewings will be being put off.

I would check that and if so demand that it be put fully back on the market.

 

[moochedit]

Fuck the buyer off and get a new estate agent as well.

 

[moochedit]

Thing is im sure you can complain about your own solictor. Im not sure you could complain about the other sides solicitor as they don't work for you.

 

[kebabking]

It's all a complete waste of time - the solicitor will be acting on the buyers instructions, you have no skin in the game so have no grounds for a complaint.

Complete waste of time, energy and stress: reject their offer, tell them you're not interested in sell to them, and re-advertise the house. You'll probably sell it within a week.

 

[Johnny Doe]

My mum had a very simalar experience to the OP after my dad died and we suspected her estate agent was working with the buyers soliciter.

Estate agents will always encourage a lower sell price if they think it will make the sale quicker, as they can move on to the next deal. If you accept £10k less, it's probably going to effect the individual estate agent £100 in commision. Time spent getting you a better price is dead time.

 

[Epona]

It's all a complete waste of time - the solicitor will be acting on the buyers instructions, you have no skin in the game so have no grounds for a complaint.

Complete waste of time, energy and stress: reject their offer, tell them you're not interested in sell to them, and re-advertise the house. You'll probably sell it within a week.

That being the case I'd be inclined to (the OP) just tell them you're putting it back on the market, and do so.

If they want the place that should provide ample encouragement, and as has already been said there are a lot of buyers right now - there are times when you would probably be better off sitting tight while the buyer and their team fuck you around a bit, this is probably not one of those times.

 

[starfish2000]

Thanks for the reply’s. I’ve set a deadline to exchange contracts. If not I’m pulling out.

I’m annoyed because the house we want to buy is a great deal and the lady who owns it has been a sweetheart and very patient and understanding. So my wife is upset by letting her down. I am starting to think the solicitor and buyer are linked in some way.

 

[kebabking]

starfish2000 have a chat with your agent - if they tell you it will sell I'd re-advertise.

You can set a deadline all you like, but you've got 6 months of evidence that these people will piss about. They'll accept the deadline, tell you it will all go ahead, then the week of exchange of contracts they'll bugger you about some more, knowing that you've already 'spent' the time you needed to put out and re-sell.

Genuinely, do you trust a word that comes out of their mouths? In which case, how can you possibly say that you'll go through the incredibly stressful exchange/completion process with them?

 

[existentialist]

I had an offer on my house at the end of July this year. But the first survey was actually incompetent ( they mistook the room we’d had converted to a bathroom with our Victorian era attic room) but instead of trying to accept the survey had issues, the buyers solicitor tried to influence a price drop. I refused and then they lost their mortgage offer. A second mortgage was put in place and a second survey last month.

This second survey appeared to not highlight any cause for concern. Until a week later when the buyers solicitor suddenly at the very 11th hour came up with a big list of “problems”. One of these was a so called damp problem. Yet we have no damp issue and Im actually related to a man who runs a damp proofing company and gives advice on it on a few Channel 4 property programmes. He didn’t find any damp.

As I have other relatives in the building trade who also worked on the property I was able to robustly answer these daft questions. I accused the solicitor of trying to lowball me again and threatened to withdraw. All of a sudden the solicitor backtracked. The issues all vanished apart from trivial things about chimney sweeping and a boiler certificate.

Now this near 6 months of back and forth has really hit my wifes mental health. She’s been off work with the stress of it. At this point I literally feel like the buyers solicitor has been more interested in creating a false narrative to justify her earlier actions than progress the sale.

Is there anyone I can complain too? Like the Law Society? Or is this a waste of time?

You could, but - having dealt with the Solicitors' Complaints Bureau on a malpractice matter - I'd be prepared for a long-drawn-out and possibly quite confrontational encounter, and if your wife's MH is already suffering, you might be better off deciding to let it lie.

TBF, a certain amount of this kind of thing seems to be par for the course, although it's not usually the solicitor who's doing it.

 

[MrSki]

If you have a valid complaint then the Law Society is where to start.

Can't practice as a Solicitor if they get struck off.

 

[Chilli.s]

Put it back on the market and up the price

 

[A380]

The markets gone up in the last six months. Fuck them off telling them why through your agent and put it back on the market.

starfish2000 in the current market, unless you are literally trying to flog a house with no roof, I'd simply tell the buyer to get stuffed and re-advertise the house.

The current average time a house is on the market is 5 days.

6 months is laughable. Chin them off.

Fuck the buyer off and get a new estate agent as well.

It's all a complete waste of time - the solicitor will be acting on the buyers instructions, you have no skin in the game so have no grounds for a complaint.

Complete waste of time, energy and stress: reject their offer, tell them you're not interested in sell to them, and re-advertise the house. You'll probably sell it within a week.

All of the above. It's the 'sunk money' issue isn't it. Either fuck them off now (My preferred option) of give them till next Thursday to exchange at the agreed price. I wouldn't bother suing the brief, no one ever wins against the legal profession. Have they made the schoolgirl/boy error of letting you see their survey? If it is just minor stuff then get your estate agent to share it with new punters.

 

[platinumsage]

I am starting to think the solicitor and buyer are linked in some way.

The solicitor is probably just following the buyer's instructions. Either way you're not their client so it would be waste of time complaining. Anyway I can't see why a solicitor would waste time "constructing a false narrative" to justify previously asking for a price reduction etc. It's just not something they waste time with.

 

[Miss-Shelf]

The solicitor is probably just following the buyer's instructions. Either way you're not their client so it would be waste of time complaining. Anyway I can't see why a solicitor would waste time "constructing a false narrative" to justify previously asking for a price reduction etc. It's just not something they waste time with.

sometimes solicitors want to cover their back and avoid liability for future claims against their work.
This can lead them to find things that are not there or make an issue out of small things
Buyers can not be aware and totally trust the process

 

[moochedit]

starfish2000 have a chat with your agent - if they tell you it will sell I'd re-advertise.

You can set a deadline all you like, but you've got 6 months of evidence that these people will piss about. They'll accept the deadline, tell you it will all go ahead, then the week of exchange of contracts they'll bugger you about some more, knowing that you've already 'spent' the time you needed to put out and re-sell

^
This is exactly what happenned to my mum.

Also i suspect if you give in and sell it to them cheaper that the house would be back on the market a week later at a higher price.

 

[StoneRoad]

Just tell a) your EA to re-advertise.
& b) these timewasters to do one.

Once that's done, and you have a new buyer and the sale has gone through ...

Then might be the time to consider making complaints. Especially if you have real, written evidence of the dodgy behaviour.

 

[Idaho]

Solicitors always come up with bullshit about "issues" that don't exist. The last time I sold, their solicitors kept going on about whether the new windows were fitted by a FENSA registered contractor. Honestly... They got told to take a walk.

 

[bluescreen]

The buyer's solicitor isn't acting for you so you can't complain about their service. You'd be utterly wasting your time.
In your shoes I'd take the advice you've already been given: to put the property back on the market asap. I wouldn't bother with a deadline either. And seriously consider if you need to change agents. They should have been chasing this up for you.