Is there someone who has solved this problem and can help my increasingly distressed daughter? She is selling her shared-ownership (housing association flat) and both she and the buyer had to use a solicitor selected from a list of those approved by the HA. Daughter is working overseas, buyer is a nurse working shifts. I'm playing piggy in the middle with no permissions to bang legal heads together...
Late on ( 3-4 weeks) in the process, buyer's solicitor raises the issue of s106 planning and wants proof that no future liabilities could fall on the buyer. Seller's solicitor replies that planning documentation is down to the buyer according to the Law Society protocol (yes- I read the protocol and it says that planning documents are to be obtained by the buyer).
Buyer's solicitor replies that according to 'the protocol' it is the seller's responsibility. Seller's solicitor replies 'no it's not'. Stir well and repeat the exchange at least 4 times with at least a couple of days between each contact.
I did further research and the Conveyancing Society protocol says that s106 documents are down to the seller, but also says that in case of conflict the Law Society protocol wins. I can only assume there is a game of 'lawyer chicken' going on and the losers are my daughter who is paying a mortgage on an empty flat and the buyer who is about to lose her mortgage offer and will have to pay a second lot of fees.
Both have asked politely, by email, what is going on. Meantime we have contacted the Local Council for help. The development is huge and virtually complete, the developer is huge and still in business and a simple search shows that there are s106 approvals still in the process - both cases the developer asking for more time to complete works on public spaces before handing them over.
Any kind Fishies out there with some advice?
Late on ( 3-4 weeks) in the process, buyer's solicitor raises the issue of s106 planning and wants proof that no future liabilities could fall on the buyer. Seller's solicitor replies that planning documentation is down to the buyer according to the Law Society protocol (yes- I read the protocol and it says that planning documents are to be obtained by the buyer).
Buyer's solicitor replies that according to 'the protocol' it is the seller's responsibility. Seller's solicitor replies 'no it's not'. Stir well and repeat the exchange at least 4 times with at least a couple of days between each contact.
I did further research and the Conveyancing Society protocol says that s106 documents are down to the seller, but also says that in case of conflict the Law Society protocol wins. I can only assume there is a game of 'lawyer chicken' going on and the losers are my daughter who is paying a mortgage on an empty flat and the buyer who is about to lose her mortgage offer and will have to pay a second lot of fees.
Both have asked politely, by email, what is going on. Meantime we have contacted the Local Council for help. The development is huge and virtually complete, the developer is huge and still in business and a simple search shows that there are s106 approvals still in the process - both cases the developer asking for more time to complete works on public spaces before handing them over.
Any kind Fishies out there with some advice?