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AIBU?

By ringing our solicitors every other day

73 replies

tvlover1234 · 31/07/2015 13:18

We're buying our first home and our solicitor is awful at updating and has even lied about things already being done. Eg searches stating they're done qnd back. Then we ring and she says oh now we have the water searches back were waiting on so and so.. When's he said all were back weeks ago??

AIBU ringing Monday, Wednesday and Friday for an update?

We're now waiting for our.mortgage provider to get back to her to confirm we do not need insolvency indemnity insurance. Which the mortgage provider told us and our broker verbally but solicitor still tried to charge us!

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tvlover1234 · 31/07/2015 14:41

I don't think 1500 is that cheap. We were quoted for large companies around 800 which sounded too good to be true and probably was. These are independant solicitors. Richard herne and Co. They aren't a chain. They are local to us.
As I said they were brilliant with my mum and dads buy and sell
but awful with us buying!! Even our mortgage broker keeps ringing us asking if we've heard before they have or hsvethey missed aztec letter because it is taking so ridiculously long for a straight forward no chain move. So I don't think I'm insane and after reading thread I don't think I'm being unreasonable lol.

Maybe I'll cut to twice a week!

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tvlover1234 · 31/07/2015 14:43

Stuckatmydesk thank you very much. I wish I was on MN before I instructed a solicitor. But as I said I went on good reviews form relatives so trusted the judgement. Hey ho xx

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hatfulofhollow · 31/07/2015 15:14

Sometimes, unless your mortgage lender has their own solicitor instructed, the solicitor acting for you will also be acting for your lender. If he/she proceeds without a clear title or without satisfying your lender's criteria for lending the money then that firm can be sued by the lender. It doesn't matter how often you chase it, the solicitor cannot and should not proceed until they can give a clear certificate of title and they have dealt with all of the lender's special conditions on the mortgage offer.

And please also bear in mind that estate agents and mortgage advisers/brokers have no legal training whatsoever and no liability if things go wrong. Your solicitor will have that liability, both to you and to your lender.

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KenAdams · 31/07/2015 15:17

Our solicitor did the same thing. Said they were waiting on the council for searches so I rang the council who said that had provided the info weeks ago! The morgage company provided us with their details as as an approved firm!

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tvlover1234 · 31/07/2015 15:24

Hatful I under stand that but the mortgage provider actually hasn't asked for this insurance. They said a signed letter from my dad was enough for the very small gift he is giving us towards the deposit and was confused as to why the solicitor would ask for it.

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Spydra · 31/07/2015 15:36

I had the same thing about insolvency indemnity - if the mortgage company write to say they don't need it, the conveyancers should stop hassling for it.

I think they're after the commission too!

I asked mine when they expected (the next stage) to be ready, and called at the end of that working day. Ended up being about twice a week, as their standard answer was "48 hours". At least I think it moved our house to the top of the pile.

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yorkshapudding · 31/07/2015 15:53

We had no end of problems with the solicitor when we last moved. He didn't return our calls or respond to emails for several days at a time. Our buyers solicitors were complaining that they couldn't get hold of him. The week we were due to exchange we couldn't get hold of him and eventually found out he was on holiday for two weeks and hadn't bothered to tell us even though I spoke to him the day before he went on leave. It was like he was doing us a massive favour anytime he did anything he was supposed to do. We would have been perfectly happy to let him get on with it had he actually been doing his job but we ended up having to chase him constantly. It made the whole thing so much more stressful.

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tvlover1234 · 31/07/2015 16:00

Yorkshapud I feel like that now. So stressed. Sown days I feel like what's the point!! I know I have to be patient and I wss patient but now cause she's lied multiple times I think when will we ever get there!! Predicted move in date was supposed to be start of August. Rang earlier and solicitor said it rake mortgage provider 5-10 working days to write back to no point ringing every other day!! I said I'll br calling next week as she apparently sent the letter last Friday. Probably another lie..

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junebirthdaygirl · 31/07/2015 17:05

We were talking to our solicitor one day. The next day we rang up she was gone on maternity leave and never told us. We were in the middle of a big court case. Another guy took over but l was shocked as she was so familiar with the case and we had no idea she was going.

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stuckatmydesk · 31/07/2015 17:13

I'm not sure this helps you but thought I'd get this off my chest. I'm acting for a client selling and buying - everything going smoothly, no one in a great rush just a couple of outstanding queries in each transaction but everyone expecting to exchange in a week or so. Today client phones me saying estate agent has phoned him saying no one can get hold of me and I'm delaying exchange. Apparently everyone wants to exchange today and complete next week. No record at this office of any phone calls. I phone buyers solicitors - they haven't been trying to reach me. They hope to be able to exchange end of next week - flexible about completion date. Phone sellers solicitors - exactly the same position. I phone estate agents who deny telling my client I was holding matters up - I don't believe them - said they were just doing routine chase. Result - 4 unnecessary phone calls and a client who is confused about what's going on. Sorry for rant - it's been a hard week and this is not unusual.

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yorkshapudding · 31/07/2015 17:19

Stuck, that sounds really frustrating. I hope your week gets better. For what it's worth I do believe that most solicitors work their arses off and we've just been unlucky with our bloke.

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LittleChinaPig · 31/07/2015 17:36

This reply has been deleted

Message withdrawn at poster's request.

cruikshank · 31/07/2015 18:48

There is a lot of confusion about insolvency indemnity insurance - what the actual implications of the Insolvency Act are etc, to the extent that many firms just include as a standard when there is a gift involved because, as a pp said, they would be liable if it all went tits up and someone went to court. A lot of these indemnities are unnecessary a lot of the time, but the only reason they exist is because of people suing each other! Your solicitor is making sure that everything is watertight. The fact that your mortgage provider says something different to you is irrelevant to the solicitor - they need to get it in writing. So you haven't been given conflicting advice as such - it's just that the two parties advising you have a different view on the matter because they are coming at it from a different perspective. It isn't fraudulent, or dishonest, and you don't need a paper trail.

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Getthewonderwebout · 31/07/2015 18:59

Yabu. There aren't daily updates to be had, price very other day.

Searches don't all come back at the same time even though they are submitted at the same time. The first is usually the environmental, followed by water and drainage and the local authority. Just because it's not going at yours and the agent's speed doesn't mean nothing's happening. It means you are not the only client, your solicitor is waiting on information, third parties can take a while to respond, particularly with leasehold.
You are making a massive purchase. You need to accept it takes a while for a good job. Solicitors are so heavily regulated it's ridiculous. They can't fart for having to get authority.
If you want a quick job it means the solicitor cannot do a thorough job. Solicitors do conveyancing on a fixed fee. There is no personal gain to them when you complete your purchase. Your vendors estate agent however gets thousands of pounds of which they earn their commission. Of course they want it done quick and they will do whatever necessary in terms of hounding solicitors where there knowledge of the legalities of a transaction is very limited.

Be patient. Accept its a huge investment and it needs doing properly for your benefit.

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longdiling · 31/07/2015 19:04

Having just been through this, I would say ask for a deadline on everything. 'Oh you're doing searches? When do you think they'll be back?'. Ring and chase the day after you expect them to be done. Chase, chase, chase. Our solicitor's were really dopey and didn't do anything unless we kept on at them. I was polite and respectful at all times but after a few months when it because obvious they weren't going to do much unless we hassled then we started to hassle. We had to or we'd have lost the house we were buying.

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DadfromUncle · 31/07/2015 19:11

It is utterly ridiculous that a transaction that occurs so frequently can be so labyrinthine - one might almost think there was a vested interest at work.

Take a look at the Aussie system and then tell me why ours needs to take so long and cost so much?

Almost every other industry has felt the cold wind of customer expectations...

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cruikshank · 31/07/2015 19:11

Yes, I was about to say the same thing about the searches. It doesn't sound as though they've been dishonest at all - this is just how it works. There is nothing that the solicitor can do to speed up a reply, and if they say they're waiting on something then they probably are. They might have a good idea of how long it normally takes to come back, but expecting them to give an exact date when they are relying on the workload/availability of a third party is ridiculous.

I do find it incredible that whenever people bring up the subject on mumsnet of shoppers being rude to retail staff, everyone is outraged but apparently it's fine to ring up daily and hassle someone who has professional qualifications and is undertaking work that you cannot.

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DameDiazepamTheDramaQueen · 31/07/2015 19:21

Ime you need to keep ringing solicitors. I'm sure they're not all like the ones I've dealt with but honestly I've found them shocking about updates , getting things done and even forgetting to release the money for a house sale. YANBU to keep ringing to keep on top of things.

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Luckystar1 · 31/07/2015 19:23

I agree cruik, on mn, some jobs are beyond reproach (eg teachers), but solicitors are pariahs (actually paraphrasing from another thread in that respect). It's a joke!

I'm sorry you are experiencing these issues Op but by and large solicitors are trying to do the best they can for all their clients in very stressful situations. I just despair that the general public have absolutely no idea what a dreadful job it is.

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Getthewonderwebout · 31/07/2015 19:34

Agree cruik and lucky.

Re the comment about vested interests, come on!! What do you think those vested interests could be, I would love to hear them. As would our department of conveyancers who are working 12 hour days for no extra money, working their backsides off, being personally accountable for any issues. Average conveyancing fee, what £695 - £895. Average agency fee, 1% - 1.5%. Whose giving the value for money? Whose job is hardest! Whose job carries the most risk? Need a clue?

Are you aware for example, that for example there are money laundering checks in various forms throughout, to protect you, the client? Are you aware that regulators go into a conveyancing department every year and go through files to check they are compliant. There are so many 'admin' steps to a conveyancing transaction that the client doesn't see. No two transactions are the same. Ever. You think you have to jump through hoops for your mortgage lender? Yes, so do conveyancers.

Another aside, if clients and agents allowed the conveyancer to get on with the job, it would be done quicker. What effect does the client calling, followed by the agent two minutes later, plus constant emails have? It slows the conveyancer down.

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DadfromUncle · 31/07/2015 19:49

What does the money laundering check protect me, the client, from exactly?

Why do the contracts have to be so complex and individual? Oh, hang on, yes in case someone mounts a legal challenge, using.....er lawyers....so lawyers and judges (who are actually lawyers) can spend a lot of time and money arguing about something.

You appear to be trying to justify the complexity of what is, after all a high frequency transaction by saying it's complex and hard work - so why don't we make it easier?

I don't advocate rudeness to individual staff in any way, but I do have considerable experience of disappointing delays and errors, and whilst paying higher prices than the ones you're quoting.

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ghostyslovesheep · 31/07/2015 19:50

at the moment I ring on Monday and Friday and we where due to exchange and complete for today but my buyers solicitor keeps cocking things up - she seems afraid to tell her solicitor to pull her finger out - I am ready to exchange as it my seller - we are hoping for next friday

I am not ringing to harass them as such I just need updates as I have carpet fitters, kitchen fitters, a builder, a gardener and movers all on standby!

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ghostyslovesheep · 31/07/2015 19:52

oh and that seems a little high for just a purchase - I am paying just shy of 2500 for sale and purchase

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Spickle · 31/07/2015 20:16

I'm a conveyancing assistant and in my office, everyone works under extreme pressure to meet clients' expectations. Unfortunately, no matter how much work we get through, we still get clients complaining and shouting/swearing at us on the phone because we didn't update them every day or because we haven't immediately chased a third party for some paperwork. We would get a lot more work done if clients didn't harrass us all the time. You actually have no idea how disrupting it can be to continually put a file down that I'm working on to switch to another file just because a client has phoned for the umpteenth time for an update. Sometimes I pick up a file to start some work and then two hours later, I still haven't managed to do the work, due to disruptive phone calls on mostly non-urgent time wasting stuff. Believe me when I say that clients constantly calling or emailing are a pain in the backside and no, it doesn't speed things up - if anything it stops us from doing our work, and by default, your work.

Oh, and don't phone on Friday - it's a very busy day with completions and they have to take priority.

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cruikshank · 31/07/2015 20:24

Yy Spickle. Your average conveyancer has around 60 files on the go at any one time. If clients ring every day, that is a lot of phone calls, all pointless and achieving nothing apart from stopping them doing their work. Conveyancers take a lot of shit, I think - your average mh client, for example, is much more reasonable and polite, as is your average criminal client, for that matter.

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