House sale - solicitor

[Pud2]

I’m in the process of selling my flat. I’m feeling a bit in the dark about how the sale is going as my solicitor doesn’t make much contact. Would it be reasonable for him to update me, say, weekly, or should I assume no news is good news? When I try to make contact via email I’m either ignored or get a slightly shirty reply. Not sure if I’m expecting too much?

I think a weekly email update is perfectly reasonable

I can't help thinking someone at the solicitors having to send e-mails to all their clients saying 'no change' is only going to slow things up all the more.

You must be joking. Solicitors don't have time to email you about nothing. It's hard enough getting the work done without having to babysit clients.

You really to be informed as soon as they receive information from anyone, preferably in writing. Insisting on any other communications is a waste of time and money.

My firm doesn't have the time or manpower to update clients when there is nothing to update.

It is unfortunate that clients may feel like they are kept in the dark when we don't contact them every week, but honestly when we are at the enquiries stage, it can take a long time to get proper responses. When we don't get proper responses to enquiries, then we have to repeat the enquiry and make it known that unless the response is satisfactory, we cannot proceed any further.

Clients too should take a bit of responsibility, as sometimes they can take forever to send documents/evidence or pay for anything which also delays progress. When clients start raising their own enquiries, for instance, they want to know if the seller is going to fix the ceiling light before exchange, that can also take time for us to pass this onto the seller's solicitor who then asks the seller, who then has to respond via their solicitor who then passes the response back to us. Easier if you just ask the EA who can talk directly to the seller.

I do understand how frustrating this is for you, but if you want updates and handholding throughout the process, maybe consider instructing an expensive solicitor who only has a few clients to look after. Most of the conveyancing firms who offer fairly cheap packages are working on high volume transactions to bring more money in and they, therefore, offer a basic service which doesn't really include updating clients unless they need to.

Conveyancing does always take longer than you want

I think you need to be more worried that the solicitor is passing on to you in a timely manner all information they receive. I had a terrible problem with a solicitor once who did not tell me about a restrictive covenant on a property, even though they had received that information from the seller's solicitor. Their excuse was that they would have put it all in a report, which I would been allowed to have just before signing the contract!

How long has it been? I’d try and ask about specific goals. Like when are they expecting searches back or are contracts ready to sign (not exchange).

Keep thinking of more once I’ve posted. Argh.
It’s a good idea to try and agree a completion date. Try and push for this as soon as you can, although they will resist.

Thanks everyone. Really useful. It’s 25 years since I last bought so am a bit rusty. The purchaser wants to turn it all around in 6 weeks (we’re three weeks in) and I need to rent somewhere as the house I was buying fell through. I don’t want to put down a deposit on a rental yet because I’ve no idea how the sale is proceeding but it sounds like I should just sit tight and wait to hear. I can sense from those of you in the trade that it would be irritating if I try and email for an update!

Does your solicitor have a secretary who you can email/call instead for a quick update? Then you won't be taking up the solicitor's time. I am a legal secretary and don't mind this at all. Remember, you are paying your solicitor so don't feel like you're being a burden. Obviously if you phoned daily you'd be a pain but I don't think weekly is unreasonable.

Don't commit to a rental property in till you've exchanged contracts. You'll need time after exchange to sort out the rented place and then move - you'll likely need the full 28 days, or even more, depending on how easy it is to find somewhere suitable in your area. Do speak to your solicitor about that.

The buyer was very clear that they wanted to turn it around in 6 weeks and no more hence my slight feeling of unease as I will need to move out, store my stuff and rent, probably by the beginning of August. I’m someone who likes to have a plan in place and am not a last minute merchant but I think I’ll just have to be on this occasion!

It will not happen in 6 weeks unless you are very actively involved with your solicitor.

spickle how long would you say is reasonable before enquiries are raised by our solicitors to the people we are buying from? Ours had searches, mortgage offer, survey on our purchase all back, we dropped off all our paperwork by return for the fixtures/fittings etc for our sale. They had a copy of the fixtures/fittings list from our seller. Taken 3-4 weeks to “review the file” before they sent enquiries.

Which takes me back to my original question. Is it unreasonable to expect some updates?

you shouldn’t expect updates, but I would say after the first couple of weeks it’s worth checking with estate agent what’s happening every week or so. Although technically house sales/purchases can go through in 6-8 weeks as everything online seems to suggest, in reality 3-4 months is more realistic

Pud2 - the solicitor may not update you unless they need to contact you. EAs tend to do some chasing but they don't always get it right. If you chase the solicitor occasionally it won't be a problem, it's just that some people's expectations and demands are out of order.

Housemum - the seller's solicitor has to send a draft contract pack to your solicitor, who then reviews the pack and bases initial enquiries on what he has received so far. Then of course the vendors solicitor has to answer the enquiries, some of which may be referred to the vendor and/or other third parties. How long they all take to respond is how long is a piece of string. Once the responses are back, the solicitor has to review them and decide whether to raise additional enquiries based on the responses or ask for further clarification about some points. There may also be further enquiries based on search results or leasehold pack (if leasehold property). A couple of months to sort out enquiries is not unusual.

Pud2 - the buyer may have been very clear about a six week turnaround but ultimately it will be the solicitor who will decide when you can exchange and complete.

I think weekly updates are reasonable and doable. OP if you've not heard for some time it's fair to call or email and ask what's going on. 6 weeks is possible but a bit tight at this time of year

The file has been reviewed before they submitted enquiries - which seemed odd to me, I thought they’d have quickly fired off the standard ones asking for things like electrical certs/replacement window guarantee etc. They have said that subject to the replies we should be ready to exchange, was all supposed to have been ready to complete next week which the solicitors kept saying was possible but is obviously out of the window now as they didn’t raise enquiries until last Friday! We’ve been told we should be able to exchange by end of next week

It would be highly unlikely to compete your sale in 6 weeks. If you were selling a freehold house with no issues and everyone in the chain was ready that would be a minimum time frame. For a leasehold flat 10-12 week minimum is realistic

Every time you email/phone your solicitor you are stopping them doing the proper legal work. An email cannot always be answered straight away. It has to be printed off, matched up with a file, dictated on and then typed. It has to be treated like a letter.

For clarification, we instructed solicitors and paid initial amount to cover searches etc mid May. By end May/first week of June we had search results/mortgage offer/survey for our purchase. Closed chain of 4 houses with proposed completion date initially of 10th July which solicitor said was easily possible. So not sure why we are only just raising enquiries now, and the file was in he review stage for 3-4 weeks. Surely makes more sense to review after first enquiries

Housemum that does sound like a bit of a delay to be fair. Sitting on enquiries for 3 weeks is a bit much. TBH i would tell them to get a move on. You're quite within your rights to ask what's going on

I had no idea about that Pilates. Mind you, there’s no reason why I would know that I guess as that’s certainly not the case in my profession. Good to know as it will make me think twice about emailing.