The darkest hour is just before the dawn (attributed to Thomas Fuller, 1650)

2 am or thereabouts. I’m wide awake. Not exactly just before the dawn, but sadly typical for me in recent days.

I usually settle down around 10:30 pm. But four hours on, there I am, lots of anxious thoughts swirling round my mind. I’m sure we’ve all been there. 

I’ve had my fair share of sleepless (or sleep-interrupted) nights in recent months. However, since we sold our house and moved north to Newcastle upon Tyne last September, I’ve been doing so much better. But now I feel as though I’m regressing to where I was four months ago. Why, for heaven’s sake?

When we sold our house, we hadn’t had opportunity to find and buy a new home (because we were moving 230 miles north, and because of the Covid-19 pandemic restrictions, arranging house viewings from a distance was never an option). Instead, we took on a six month rental, sufficient time we envisaged to find and complete the purchase of a new home. Given that we were cash buyers, and no mortgage lenders were involved, we calculated (naïvely perhaps, on reflection) that purchasing a house under these circumstances would be pretty straightforward compared to the conveyancing trials and tribulations we experienced when selling our home. And, for the house we eventually chose, there was no chain of sales and purchases contingent one on the other.

So why the sleepless nights and increasing anxiety? Well, once again we are up against the inscrutable legal machinery (or conveyancing) of selling or purchasing a property.

Let me back up a little.

Just a few days after arriving in Newcastle and once we’d found our bearings, we began the search in earnest for a new home. We already had a list of houses of interest that we’d identified on various online sites, and made appointments to view several of these (observing, of course, the strict Covid-safe guidelines). It didn’t take long to settle on a particular house (not far from where we are renting), just two years old, and built to the latest insulation and other specifications and standards (important for two ‘old fogeys’ like Steph and me). In fact it was the third property we viewed. We quickly made an offer—a little below the asking price—that was accepted immediately. Even so, we did view some other houses afterwards as well, just to ‘validate’ our decision, in terms of location and price. 

The vendors of our new home (it’s not ours—yet) used an online estate agent (realtor), Purplebricks, to manage the sale of their property. We made our offer online as well, and were assigned a law firm to handle our side of the transaction. It seemed like a great deal. The fees were no greater than we’d had to pay a solicitor in Bromsgrove although, for a purchase, there are more fees involved than on the sale side.

The other feature that we found attractive was an online conveyancing system (eWay) that logs every phone call, email, signed document, and all other information related to the purchase. We receive regular messages telling us to check actions to complete and, in general, just keeping track of where we are in the whole process. So, in theory, we can track how our purchase is proceeding, and what steps are outstanding before contracts can be exchanged with the vendors, and a completion date agreed when we take possession of our new home.

As I said, our offer was accepted immediately, and property searches and title documents were all assembled within a month. We signed contracts ready for exchange and title transfer. However, our solicitor raised a whole series of enquiries (issues that might affect our ownership and enjoyment of the property) for the vendors and their solicitor to answer, most of which were responded to satisfactorily by the end of November.

But now we are stuck! How to cut the Gordian knot? Here’s the problem.

It’s common practice nowadays for the communal areas of a new housing development to be maintained by a management company, since local authorities often don’t have the financial wherewithal to take these on. Where we are moving to is no different. For reasons that neither the vendors or ourselves can fathom, the vendors’ solicitor has stalled on obtaining the necessary documents from the management company or their agent here in Newcastle that are needed before the title deeds can be registered in our names.

The clock is ticking. Under the terms of our rental agreement, we have to vacate our rental by 31 March. Yet my solicitor still can’t give us a date when we might exchange contracts with the vendors (which would then legally bind us to the purchase) nor when completion will take place and we can move into our new home. It seems like one obfuscation after another. Neither the vendor (whom I’m in contact with almost daily) nor I can fathom just who needs to do what, who to contact, or precisely what documents are needed. And when we ask our solicitors for clarification? Silence!

Before we moved north, it was a race to find a rental property, or else have nowhere to stay. Okay. There’s still ten weeks to the end of March, and a lot can happen—and probably quite fast once the final documents have been sorted—between now and then. Yet I can feel the pressure starting to mount, the stress increase, and a general feeling of anxiety and malaise creeping into my everyday life.

My elder daughter who lives in Minnesota is flabbergasted when I try to explain the intricacies of the house retail market here in England and Wales (there’s yet another legal system in Scotland; not sure about Northern Ireland), and just cannot understand why everything seems so complicated. While I completely understand that the legal transfer of title deeds to land or property must be executed correctly, I cannot understand why conveyancers make such a mystery of it all.

This is my current mood. I need happy thoughts . . . 


 

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