New Build House Solicitor Advice

(10 Posts)
Liz112 Wed 24-Nov-21 23:29:40

Hi all,
so we have reserved a new build finally yay.
I am looking for advice on if we should use the Builder's recommended solicitor. The builder will absorb the fees and we will have nothing to pay.
Is this a good idea? Searching online it seems it is a strong no no as conflict of interest and many horror stories.
Any advice?

OP’s posts: |
MinnieMountain Thu 25-Nov-21 06:36:13

They act for you. There’s no conflict.

Look at the Trust Pilot reviews for the particular firm.

Liz112 Thu 25-Nov-21 08:04:22

Hi MinnieMountain
in Theory I would say.
After telling the builder I might be using my own solicitor got a call from the builder''s solicitor about asking why not to use them. I told them what I thought.
This information was passed on to the builder -if they are acting for me why are they passing this on to the Builder?
That does not seem like they are acting for us ! shock

OP’s posts: |
ISeeTheLight Thu 25-Nov-21 08:07:53

From experience, I wouldn't.

Rubybetsie Thu 25-Nov-21 08:37:39

We have just reserved a new build and they tried to get us to use their recommended solicitor. We told them no..the sales advisor said they like you to use their's so they can be constantly updated...many solicitors refuse to update the sales office and they don't like that...in our last new build we did use the builders recommended solicitor and they were really not working for us...many things came to light after completion which the solicitor should have picked up on...we complained to the SRA and the solicitor refused to take on anymore clients from that developer. Definitely source your own.

TwoLeftSocksWithHoles Thu 25-Nov-21 09:04:14

I believe there can be a conflict.
Yes they will deal will the legal aspects of the sale but an independent solicitor may highlight things that could be an issue but aren't a legal requirement. e.g. possible risks of buying off plan, ongoing maintenance charge increases, etc.

hoa.org.uk/2021/06/i-am-buying-a-new-build-home-do-i-have-to-use-my-developers-solicitor/

Liz112 Fri 26-Nov-21 08:05:18

Thank you all for the complements.

Reading through the Terms I have found

Rights to enter the Property for the purpose of relocating any Boundary Structures or other boundary markers (in respect of which the Transferee shall not be entitled to object or to claim compensation) if as a result of a subsequent as built survey it is shown that such Boundary Structures or markers have not been erected in the position shown on the Plan

Is this acceptable? Is that standard for a new build?

OP’s posts: |

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Liz112 Fri 26-Nov-21 08:15:29

oh and
The maintenance charges are around £500 per year (for now)
The terms say roads and sewers will remain private
With a clause that I will not apply for the Maintained Areas to be adopted as highway maintainable at the public expense.

Is that again normal?

OP’s posts: |
Sparkai Fri 26-Nov-21 08:18:19

Liz112

oh and
The maintenance charges are around £500 per year (for now)
The terms say roads and sewers will remain private
With a clause that I will not apply for the Maintained Areas to be adopted as highway maintainable at the public expense.

Is that again normal?

Normal for a new build, but maintenance fees is the reason that I wouldn't buy a new build. You don't pay less council tax and when I looked, there was no cap on the yearly increases.

Personally preference about whether it's an issue for you though

TwoLeftSocksWithHoles Fri 26-Nov-21 09:55:08

I would expect the developer's solicitor would say these are 'normal' conditions for new builds today whist an independent solicitor could explain any negative aspects of them.

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