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Original poster

Vendor trying to push me to use same solicitors

28 replies

ColdFeetWarmHeart · 20/08/2014 11:10

Anyone had any experience of this? Obviously the estate agent is telling me that they will not tell me who to instruct. I have also just been on the phone with their solicitors to get a quote etc, and they have told me I can use any solicitor that I like. Obviously it MAY speed things up if I were to use same solicitor (but judging by the idiots that have just answered the phone, I'm not convinced!)

has anyone else had this? Can they refuse to agree to the sale if I use my solicitor instead (I had planned to use a solicitor that I have used before that I was very happy with, and they also happen to have a lower quote!)

Esate agent has gone off to phone vendors to discuss this with them again. Sales instructions are supposed to be sent to the solicitors today, and house taken off the market.....

OP posts:
minipie · 20/08/2014 11:12

Er, what? Vendor and buyer having the same solicitor would be a massive conflict of interest. No way.

Chewbecca · 20/08/2014 11:12

Use your own solicitor!

minipie · 20/08/2014 11:13

I'm VERY surprised any solicitors firm would suggest this tbh. Who are they using? Are they actually legit solicitors? I'd instruct your own solicitor and the first thing you should ask them to do is check out the vendor's solicitors.

ClaimedByMe · 20/08/2014 11:14

I am sure we were told we couldn't use the same solicitor when buying and selling, we are in Scotland.

TranmereRover · 20/08/2014 11:15

teh solicitor shouldn't reallly accept those instructions on the basis of the likely conflict of interest and even with a chinese wall, major insurance issues for them if something goes wrong. If they are acting correctly, it won't speed things up either. Utterly inappropriate and indicative of your vendors being nuts. The estate agent needs to man up and earn his commission here by talking them off the cliff edge - it may help if you use a solicitor known to the agent - the agents like to think that they can wade in and speed things up - makes them look like they've justified their fee.

orangepudding · 20/08/2014 11:16

We called our local solicitors when we were selling but because out buyer was an existing client we couldn't use them due to conflict of interest.

Coffeethrowtrampbitch · 20/08/2014 11:17

We had the same solicitor as our vendor and it was a nightmare. It was accidental but we were passed around from pillar to post and treated really shabbily considering we were paying customers too, and they were paid for the sale of our house and the purchase of the new.

I would definitely recommend you go with the one you have already picked.

senua · 20/08/2014 11:18

Whoa! No way would any decent solicitor agree to this conflict of interest - are they even allowed to do it, I don't think so. Are they actually solicitors or conveyancers?
Do not do it!

MrsCosmopilite · 20/08/2014 11:20

I used the same firm of solicitors as the people we bought from. Different team, same office building. They were shit.

Original poster
ColdFeetWarmHeart · 20/08/2014 11:31

See this is what I thought! My buyers wanted to use same sols as me, and they were told that they couldn't as it would be a conflict on interest!!

I asked the vendors solicitors if this would be a conflict of interest, and the idiot on phone (after going off to check her dictionary) said it wasn't!! But they said I could use who I want!

Apparently the vendor has had a bad experience before with a sale falling through when different solicitors were involved. but surely this is just as likely to happen if we are using the same firm! What if one or both of us gets a shit solicitor or legal executive? what if someone has a weeks annual leave? I have used my solicitor before, not just picked the cheapest online quote! Surely that should count for something!

OP posts:
mrsnec · 20/08/2014 11:34

We've done this because we thought it would speed things up but it's made no difference whatsoever and I still feel like they were favouring the buyers. Eg, we were told to sign the contract asap. It stated the property was as seen. As soon as we signed the contract we then got another two pages of questions from the buyers. So we asked why the hurry and were told our solicitors just want to make sure we're good to go whenever the buyers are ready. Never again.

Madmog · 20/08/2014 11:38

You can use whoever you want.

We did use the same firm as our buyer, due to the fact I phoned to instruct a solicitor in the firm I knew and he'd just taken instructions from our buyer. I knew another solicitor well in the firm, so asked him to discuss if they would be both happy to act without there being a conflict of interest.

Don't think it made any difference to the timescale of things with a chain, but on the day think it made transfer of monies quicker. We were No. 4 in chain and got our keys around 12.45.

Original poster
ColdFeetWarmHeart · 20/08/2014 11:40

I'm waiting for a call back from the estate agents at the moment - he was off to discuss the situation with the vendors, explaining that we have already got our own solicitors (I have verbally instructed them, just need to sign forms and send payment etc to them). I have asked estate agent to assure vendor that I have used this firm before, and they are very efficient (they have answered about 6 emails this morning, all within 5-10 mins!)

Both estate agent and I are annoyed about this. They told estate agent on monday that they would accept out offer as long as our finances checked out. When I went down to office yesterday with mortgage in principle and proof of deposit etc I was told they have expressed an wish for us to use same solicitor, not that sale was dependent on us using same people!! Then the estate agent goes back to them to say yes, all our finances are ok, sale can go ahead, and the bloke gets a bee in his bonnet about this!!! AAAAAAAAAAAARRRRRRRGGGGHHHHH!!!!!!

OP posts:
minipie · 20/08/2014 11:41

Different firms of solicitors will be involved in virtually every sale.

Most of them don't fall through.

Your vendor is nuts. Sorry, that doesn't help you much. Agree the estate agent really needs to man up and tell them they ABU.

Original poster
ColdFeetWarmHeart · 20/08/2014 11:41

There are only 3 people in the chain anyway! My buyers are cash buyers, and my vendors aren't buying anything else just yet - surely that reduces the complexities of it already?!

OP posts:
Original poster
ColdFeetWarmHeart · 20/08/2014 11:42

The branch manager was calling them back - unfortunately he will be calling the wife, who will call the husband, instead of calling the husband directly to tell him he's being a dick!

OP posts:
Cucumberscarecrow · 20/08/2014 12:04

I'm astonished that the sellers' solicitors would even quote on this. If they don't even realise they are in breach of one of the most basic professional conduct rules, they are definitely not fit to do your conveyancing.

Good luck with your purchase!

Original poster
ColdFeetWarmHeart · 20/08/2014 12:11

I am shocked, but not at the same time. Although I phoned their firm of solicitors, I don't think I spoke to a solicitor, just a young girl who answered the phone (though she did put me on hold while she found out, I don't know who she spoke to)

I have just text a lawyer friend of mine for her opinion. She works in personal injury, but I presume the conflict of interest thing is same for all areas of the law! Just hope she is back from holiday and answers soon.....

OP posts:
NotMrsTumble · 20/08/2014 12:16

Definitely different solicitors, the whole point is that they're working in YOUR interest, they can't do that if they're working in the vendor's interests.

CathyP72 · 20/08/2014 12:33

It is possible for the buy and the seller to use the same firm of solicitors. There can be benefits to this arrangement however you need to be sure that the rules pertaining to "conflict of interest" are adheared to. See the guide from the Solicitors Regulation Authority - i8it.ly/3hYF2

PricillaQueenOfTheDessert · 20/08/2014 12:36

No don't do it. Complete conflict of interest, whose behalf are they acting on if there are any problems? I don't think they are actually allowed to either. The vendor can pull out for any reason unfortunately up until exchange of contracts.

Original poster
ColdFeetWarmHeart · 20/08/2014 12:40

I have checked with my own solicitor firm - they have confirmed it is their company policy not to act for both parties, but its not industry practice.

this is what I don't want to happen, the vendor to pull out I mean. But I also do not want to bend over backwards for him on this point, and then find he pulls out later on because something isn't happening the way he wants to. Can you sue/seek compensation in the vendor pulls out before end of contract? or is it just tough shit?

OP posts:
ConcreteElephant · 20/08/2014 13:33

Either side can pull out prior to exchange with no penalty or comeback (assuming you're in England?).

You need to use your own solicitor, you are paying them to represent your interests, you get to choose them. I think it's far more usual for different firms to be involved than for parties to use the same solicitors.

Your vendors sound potentially 'interesting' to deal with - for this reason alone I'd want my own, chosen representation.

MagnificentMaleficent · 20/08/2014 13:38

If they pull out because of this, then even if you went along with it I imagine they would pull out for some other madness reason at a later date.

Def get your own representation.

Crutchlow35 · 20/08/2014 13:39

Unless you are an existing client of the firm that the vendor is using it is against law society rules as it is a massive conflict of interest.

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