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With S42 if you cock it up the freeholder can then ignore you for twelve months before giving you a chance to do it again. So I would have thought the buyer would have the interest in getting their solicitor to do it as they are acting in their interest.
If they cock it up and the notice is invalid it's not a problem if it's spotted before the sale completes as you can just serve a valid notice. If it isn't spotted until after the sale completes then yes, they have a problem. I'd expect the drafting of the section 42 to essentially be a collaborative process. One side drafts it, the other side checks it, off it goes. Who actually does the first draft doesn't seem that important really.
Yeah I thought that but my solicitor shit the bed...
If your solicitor doesn't think they're competent to draft a section 42 notice, that bodes, and it does not bode well.
... because I think they confused it with this.
As above. I hope they're at least cheap.
Again I think my solicitor thought we would need to do that
If that's the case then they really don't know what they're doing.
I think there's been a whole load of incompetence on behalf of both solicitors.
I'm inclined to agree!
Brommers-
I'd expect the drafting of the section 42 to essentially be a collaborative process. One side drafts it, the other side checks it, off it goes. Who actually does the first draft doesn't seem that important really.
Yep this was my understanding originally, however neither solicitor seems to have agreed with this assessment, and it's got the point where I'm like the buyers solicitor is doing it all because I don't understand how my solicitors input would help and I don't want to be seen to be part of the process at all because it's a ball ache and a complete fucking distraction from the primary job which is to get the basic conditions of the sale sorted out regarding the outstanding MW charge.
I'm past the point where care if the sales goes through or not. My other flat hasn't sold, it won't sell in time, we don't have the cash to move without going back to the bank with a begging bowl.
Howard
This was my understanding.
With S42 if you cock it up the freeholder can then ignore you for twelve months before giving you a chance to do it again. So I would have thought the buyer would have the interest in getting their solicitor to do it as they are acting in their interest.
I serve the S42, but only after exchange and the deposit is down. If they cock up the notice, that's their problem.
Yeah I thought that but my solicitor shit the bed...
... because I think they confused it with this.
Yep. Again I think my solicitor thought we would need to do that
I think there's been a whole load of incompetence on behalf of both solicitors. This has been going on for months. Sale agreed 18 weeks ago. I see the headlines of the contact last week and basically it wasn't what we agreed regarding 42, service charge provision, MW bills. And the EA was furloughed (FFS as if there was no work to do) which hasn't helped.
I'm losing my rag with it, close to telling the buyer to do one and I'll just rent the place and escape to the countryside.