Hey all :(
So I have a general headache about this conveyancing solicitor, and I am not sure what I should do to address the issues I have with him. I'm a first time buyer, and I've found a house that is miraculously in the area I want to live in and at a price I can afford. I got this solicitor who was recommended to me by someone who had used him for an inheritance matter. I was told he was able to sort out several problems with the estate with very little fuss or hoo-ha.
Boy, that has not been my experience! There have been several little moments that have bothered me, and then there is the big, pressing problem I'm actually really worried about. First, with the little niggly "bad deskside manner" things. I asked him fairly early on if he could give me an estimated date of completion, just a rough idea of when I could expect the sale to be wrapped up. He laughed and laughed as though it was the most ridiculous thing he had ever heard, and completely failed to tell me any rough date. He also didn't tell me what I could do to help things move on a bit more. I managed to speak to his secretary a bit later on that day, who was far more helpful, and told me that they were waiting on some documents from the other side, so I was then able to contact the estate agent to let them know the situation.
Another :( moment: he wasn't able to tell me what a peppercorn rent was. When I was told the house's ground rent was a peppercorn rent, I didn't know what it was (not being a conveyancer like him.) I asked him. He talked on and on about literal peppercorns in a grinder. I eventually lied and said I understood to stop him talking. A quick google told me what it was, which was a very simple definition that has nothing to do with peppercorns in a grinder.
He keeps complaining about the vendor's solicitors not being good, which is fair enough (they haven't been that great tbh). However, I find it quite petty and hypocritical - one week, he kept complaining about how late they were with returning their documents to him. A day later, I called the estate agent to hurry it along a bit. The estate agent tells me that they sent it that morning. "Great," think I. A few days go by, and I hear nothing, so I call my solicitor's office. They haven't heard anything. I call the estate agent again. They definitely e-mailed the docs through. I called my solicitor again - it turns out he's gone on holiday, not told me, and the other side's documentation is in his inbox, going unchecked. Eventually, the correct docs reach a person who can act on them.
That's the petty, basic incompetence stuff. It sucks, but I could live with it. But now, this guy is making noises that is making me extremely anxious that I might lose the sale.
So the house I am buying was marketed as a 3 bedroom - 2 normal bedrooms, and a loft conversion that has been comfortably in use for the last 12 years. On the survey, it was revealed that the loft conversion did not have planning permission, nor building approval. When pushed on this, the seller sent a message to my solicitor saying that the loft is not a bedroom, but used entirely for storage space. Which is obviously not the case.
Now call me hopelessly naive, but this does not turn me off the sale. As stated, the conversion has been in use for a long time, by tenants who did not report anything dodgy (and I'd expect them to be honest.) It's pretty nicely done, and while I do want to get a surveyor in to properly inspect it before committing to buy, I see it more as a reason to renegotiate the price, with a view to freeing up money to bring it up to standard. I've spoken to a friend's husband, who works on loft conversions, and apparently converting a loft but marketing it as storage space upon sale is quite common, and my mortgage broker has also told me his parents recently saw a similar arrangement in their house search - the problem here is that the house was marketed and described as 3 bedroom.
My solicitor's reaction upon learning about the loft, however, was immediate and utter pessimism. He immediately started to describe it as a possible non-starter, and that unless the seller was able to obtain retrospective planning permission, that I should not proceed. After the initial shock of this news, I did my own research into the matter, found out that not all loft conversions need planning permission, that this arrangement (with the conversion described as storage space) was not rare at all, and explained my desire to renegotiate the price, following a survey on the loft to make sure it was safe. In response, he sent me a brusque e-mail where he "needed to remind [me] that I act for your lender and not just for you" (I am taking out a 50% mortgage on the property.) He told me that if retrospective planning permission is not obtained, then he will tell the lender that he takes the view on the property as a 3 bedroom house with no planning permission for the loft area, and that insurance is not an option. Very concerned, I contacted my broker (who has been an absolute superstar, far more helpful and communicative than the solicitor), who told me that my lender is generally flexible with building criteria, and doesn't see why it can't be reassessed as a 2 bedroom. He let the lender know the situation, and told me that it is up to the solicitor to outline the situation so they can decide the next course of action. It may be that they reassess the property, it may be that they cancel the mortgage outright.
So my problem is this: do I get my solicitor to contact the lender? It will help things move along, but given his super grim view on the matter, I'm frightened he may convince them to cancel the mortgage. And how do I address my complete lack of confidence in this man? I don't think I have enough to make a formal complaint - I find his emails very brusque, minimal on the detail and dogmatic, and he has failed to act appropriately at several points, but nothing major. I have considered sending him an e-mail directly addressing his rudeness, minimal communication, and that I think he is unnecessarily jeopardising the sale when I think it still needs to be investigated. However, I'm not sure what good that will do me. Can I request a simple change in solicitor?
Thank you for any help/advice you may be able to offer!