Gransnet forums

Legal, pensions and money

The estate agents solicitor versus my own?

(44 Posts)
Wyllow3 Thu 11-May-23 17:27:04

Obviously the Estate Agent "pushed" using their own solicitor when she came for the valuation: I was non committal. I'm fairly sure it will be cheaper, but should I be looking out for any snags in all this? My family solicitor is very experienced in this field and are also very helpful and kind, but...

BrightandBreezy Thu 18-May-23 09:59:11

Imo Go with own solicitor. Safer every time. Their only interest is in doing a satisfactory job for you their client

Germanshepherdsmum Thu 18-May-23 09:53:33

If there’s a problem with your conveyancing it often doesn’t come to light until you sell.

Primrose53 Thu 18-May-23 09:50:25

I have never had a problem with any licensed conveyancer I have used. Conveyancing is what they specialise in so they are not dipping in and out of other types of business.

The first time I used one I got quotes from 2 local solicitors and was quite shocked at how expensive they were. Then I read about Licensed Conveyancers and got a much lower quote. I was very young then so this was all new to me. I nipped into one of the solicitors and asked him why his costs were much higher ….. he sat back in his chair, waved his arm towards his coffee making facilities and said “with us you will get personal service.” I went with the LC! 😝

Franbern Thu 18-May-23 08:50:06

The worst of these Conveyancers seem to be those who do not actually have an office, just work on line, and can be difficult to contact.
After I signed my contract, I expected these to be exchanged that or the next day. Small chain, just four of us in total, We were held up for nearly a week, as the first time purchasers at the bottom had used one of these on-line people and nobody (Solicitors, Estate Agents) could make contact with them.

Elusivebutterfly Mon 15-May-23 10:05:01

The first two properties I bought I had some issues with the solicitors, who were recommended locally.
For my last move I got quotes from local solicitors and the EA recommended one - all prices were similar. I used the EA recommended one and they were very efficient and helpful.
I have had bad experiences with conveyancers holding up chains so would not use them.
I think it's luck if you get someone efficient unless you already know someone well.

Germanshepherdsmum Mon 15-May-23 09:52:50

Generally speaking conveyancing charges are far too low to support the work being done by a qualified solicitor, because people don’t want to pay much. Therefore a lot is done by unqualified people which is not, in my opinion, satisfactory but that’s the way things will continue until clients are willing to pay proper rates. Licensed conveyancers are ok but their knowledge and experience are within a much narrower field than a solicitor’s and you can’t predict when that deeper knowledge will be needed.

Primrose53 Mon 15-May-23 09:42:03

I am glad people are bringing up unqualified people doing the work of qualified solicitors but being charged solicitors rates!

My friend is now retired but worked as a legal secretary having left school at 15 with no qualifications. She worked in various depts over the years and used to tell me of all the stuff she did that was then billed out at her boss’s rates which was several hundred £ per hour when she was paid about £10 an hour!

When I have bought and sold houses I always used a Licensed Conveyancer rather than a solicitor. Very good service and considerably cheaper.

Germanshepherdsmum Mon 15-May-23 08:55:22

I couldn’t agree more Fran. I suspect that the reason why questions are asked over a period of months is that the paperwork is collated by unqualified people and the solicitor (if indeed a qualified solicitor is involved) only sees it once everything the unqualified person has been told to gather is to hand - then once the solicitor sees it they realise it’s not all in order and/or further questions need to be asked (18 is a bit surprising though because you’re obviously very organised and know what’s needed).

Franbern Mon 15-May-23 08:46:10

I have now dealt with solicitors on behalf of our Management Company for the sale of six flats here. I am continuously astonished at the differences between different conveyancing Solicitors.

As leasehold flats it always commences with the Management Company having to supply all the paperwork and the queries on the standard LE1 form.

Some Solicitors will then come up over the course of several months (!), with several more queries. I have found that occasionally, even asking the same question in two or three different ways.

So, towards the end of last year, the flat being sold actually sent to me eighteen (18) extra queries before completion, whereas a flat that has just completed sent NO extras.

Could be that the first Solicitors was very zealous, or the second one was too 'casual'.? Mind you one of the questions asked by the first Solicitor was whether we * (Management company) had any plans in place for unplanned expenditure? AND accepted my rather exasperated reply that my Crystal Ball was currently not working!!!!

Also, our flats have Share Certificates as the Leasehold is owned by the Management Company. Increasingly I seem to have to advice the Solicitors (or their clerks), as to the name of the correct paperwork to be supplied for this.

The legal side of house sale/purchase takes a large sum of our money. . We really do need to be assured we are getting properly qualified people for this.

Germanshepherdsmum Fri 12-May-23 13:36:49

The person making this mistake is unlikely to be a solicitor. The good old glorified secretary filling in the registration forms, which are very simple and straightforward, and nobody checking them.

Nannytopsy Fri 12-May-23 13:26:23

We were persuaded by the EA to use their solicitor. It was a major mistake as they delayed the purchase by months and two years later we discovered that our neighbour owned our house as well as his own. Our solicitor had failed to register our purchase properly with the land registry. DO NOT fall for the estate agents’ offers.

Wyllow3 Fri 12-May-23 13:15:55

I'm going to. Very useful thread.

Norah Fri 12-May-23 11:53:06

Use your own preferred solicitor.

Germanshepherdsmum Fri 12-May-23 11:50:41

Exactly.

Philippa111 Fri 12-May-23 11:35:05

I would get my own personal lawyer. It may seem a bit more expensive but could save you money in the long run.

When I sold my flat some years ago the company strongly advised me ,after 6 weeks on the market, to accept a low offer rather than wait a bit saying it might take a very long time to sell. I believed them and went ahead.
In hindsight I realised that I was in no rush and I had a good property in a good area.ie it was very marketable.

The company was a law firm that also did conveyancing. They would rather make some money than none or have to have a protracted sale time which involves more of their time and resources, with the same fee as they had quoted, and so push sales through.

Their lawyer could not give me impartial advice.

Several thousands less to me was only a small amount less to them

Germanshepherdsmum Fri 12-May-23 11:30:10

Conveyancers are not always qualified Glorianny. Some are, some are glorified secretaries. But you pays your money … and evidently it didn’t go well for you because you chose cost over quality. The firm probably paid your EA for the recommendation a similar amount to what they charged you. Consider the ethics and the conflict of interest. Your choice - it certainly wouldn’t be mine.

Glorianny Fri 12-May-23 11:22:31

I know what you did for a living GSM I know quite a few solicitors. Expensive isn't always the best. Sometimes just charging more is just that. Conveyancers are qualified. Their sole focus is house transactions.

My vendor had a personal solicitor. Her experience was similar to mine. We sorted things ourselves.

Germanshepherdsmum Fri 12-May-23 11:08:37

I’m afraid you are not well informed Glorianny. It happens in some firms, by no means ‘most large firms’. Mostly in firms who offer cheap conveyancing, though doubtless you would not class it as cheap. It’s the only way such firms can do conveyancing and make any profit. You forget what I did for a living - in what I call good firms. For ‘good’, read ‘expensive’. Personal attention and no unqualified assistants, in any area of law.

Glorianny Fri 12-May-23 11:00:17

I think most large firms of solicitors now hand their house transactions to conveyancing assistants. They are specialists in dealing with house sales. Solicitors specialise in divorce and other areas. It's no different. I had a personal contact.

Germanshepherdsmum Fri 12-May-23 10:24:06

‘Like most solicitors’? You’re proving the point that using a firm recommended by the EA isn’t a good idea. Of course it appeals because they give a cheap quote. And you’re very unlikely to get the personal service of a qualified solicitor. Behind the scenes it will be secretaries and unqualified clerical staff.

Glorianny Fri 12-May-23 09:59:02

I used my estate agents solicitor. Found like most solicitors they failed to realise that they were working for me and needed to act to my instructions. A couple of times they failed to do as they were asked. Because the vendor and I were in close contact we realised the both our solicitors were blaming each other for delays. We kept communication between us open and were able to speed things up copying each other into emails as evidence of documentation being sent. After completion I complained about the service to the firm and got a considerable reduction to the bill.
Whichever solicitor you go with, keep copies of everything. Try to keep friendly contact with the other party and realise a solicitor is working for you and needs to behave as such.

Grantanow Fri 12-May-23 09:25:56

I agree with Germanshepherdsmum. Use your own solicitor. It will probably cost a bit more but you'll get more personal and attentive service. Buying an older property or a leasehold needs more attention to detail and a full survey may well be a good investment. I got my house price reduced by far more than the survey cost as a result of points raised by the surveyor.

Germanshepherdsmum Fri 12-May-23 09:11:29

If you are buying a flat it will be leasehold. There is so much more for the solicitor to go into - looking at service charges, whether there is a sinking fund for large items of expenditure, whether any such expenditure is planned in the near future and at what likely cost, all manner of things as Fran will know. All the more reason to have your own good solicitor and to be assured that they will be dealing with everything, not delegating to unqualified people to save money. It may cost more to have their personal attention but what I call a good firm doesn’t delegate things to unqualified people. Unfortunately it happens all too frequently because people want cut-price conveyancing. And it means that when you phone the solicitor for an update they don’t really know what’s happening and if there’s a problem you don’t get to hear about it until shortly before you expected to exchange because only then does the solicitor have all the paperwork in front of them and realise all isn’t well and more investigations are needed. I think I said above, you get what you pay for.

Franbern Fri 12-May-23 08:53:02

As Whiff stated, I moved from a house to my flat. Just a normal flat in a bloc, was very put off with Retirement flats due to their size, (particularly tiny kitchens), and maintenance costs. I have a 2-bed flat, large double aspect Living/Dining room, en-suite and guest bathroom, plus garage. Had EPC both for the house I sold and for this flat.

As Secretary of our volunteer Management Company, I deal with Solicitors when any of the 25 flats are being sold, I do find that so much of this is handed over to clerks in solicitors offices. I have no legal training, it has been a large learning curve for me - but find I am often now in the position of advising conveyancing solicitors (their clerks) on the appropriate forms and paperwork required. So much of the delays in this is caused due to the people landed with the job do not know what they are doing.

Do use a local company, one where paperwork can be handed in - not put in post, etc. Know the name of the person, nominally in charge of your conveyancing. Find out somethings about the Maintenance Company for the flat you are thinking of purchasing. Our maintenance charges include annual service of boilers AND a 24/7 contract with British Gas for repairs etc to Central Heating, etc. as well as including all water charges.

As a volunteer maintenance company we have a vested interest in keeping all costs as low as possible, and nothing is paid out in salaries or to shareholders.

Do beware that many of the Retirement flats have controls in their leases as to what alterations you can do in your flat, and even who you can use to carry out any work. Also, some can only be sold via the Company who take a percentage of each sale.

I know you stated you take what is best for you at the time. However, in any normal (not specifically retirement) flat it would quite simple to set up a help package - you do not actually need a house manage on site for this. And, they are usually only there 9 -5 Mondays - Fridays. A call alarm system can be put into any house or flat, at quite a small cost. Personally, I do not even bother with that, but would use Alexa should I require an ambulance or other assistance.

In any flat you will not require any building insurance (that is always part of any Maintenance charge, so only contents insurance.

If you wish to ask me anythings specific, please PM me.

Forsythia Fri 12-May-23 08:30:42

When selling my mothers house, my sister and I were pressured into using the solicitor’s recommended by the estate agent. It turned out they were part of a very large nationwide group. You never spoke to the same person twice, it was very slow and impersonal.

Last year, my husband and I moved. We used our own local solicitor and the difference was what you’d expect.

For us there’s no choice to be made. Local solicitors every time.