Lack of urgency demonstrated throughout the process
For us, delays would result in financial loss. We clearly stated that. 3 days before the expected exchange, there was still no confirmation as to whether electronic signatures were accepted; a requirement we first raised in August and reiterated several times since. The matter was not resolved proactively during the period in which we were waiting for the other responses. The question of electronic signatures was known, was business-critical, and could reasonably have been pursued in parallel instead of left until the eleventh hour. This oversight caused avoidable time pressure.
In addition, we had outstanding documentation, including the mortgage statement, which again raised the issue of why essential items had not been chased and obtained in a timely manner considering the importance we placed on the exchange timeline.
We previously requested that the team actively chase by telephone and email. We were informed this was not possible due to a requirement to maintain a written trail. However, we made clear that making phone calls to apply pressure did not prevent written confirmation or follow-up being issued. Not taking reasonable steps to drive the process forward materially contributed to delays and has not met the level of service we expected.
We'd highlight also lack of communication and reactive rather than proactive handling of our file. We have repeatedly been the ones to ask for updates or raise issues that should have been anticipated by professionals familiar with the process. Key milestones were approached without forewarning, preparation, or proper planning.
We consider that the handling of this matter falls short of the standard of care expected of solicitors in a conveyancing transaction. There has been a failure to anticipate foreseeable issues, take appropriate steps to mitigate delay, and provide timely advice on matters critical to the completion of the transaction. This constitutes a professional oversight which has caused direct financial consequences.
The cumulative result was wasted time, avoidable stress, and financial loss.