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Original poster

my solicitor is really f*cking bugging me!

55 replies

Tillymintsmama · 06/12/2019 13:31

She's a licensed conveyancer actually, not a solicitor. I' m in a chain of just 3 so you'd think it would be straightforward....

I've had survey done, all fine. Searches been ordered. Draft contracts done, enquiries being raised.

She's just got a way of winding me up even via email, she just seems so nitpicky and non commital about everything. When I asked about a tentative date she just says "I note your comments, we can discuss the completion date once I am in position to report to you and your lender and you and your lender have confirmed that you are happy to proceed."

WTF??? is this normal?

OP posts:

Lightsabre · 06/12/2019 13:39

Yes.

KitKat1985 · 06/12/2019 13:41

She doesn't want to give you false hope at this stage. Long delays can occur in even small chains.

MinnieMountain · 06/12/2019 14:13

Conveyancers are manic at this time of year.

She'll be trying to manage your expectations and keep your file progressing whilst being constantly hassled by clients and estate agents for properties that want to complete by Christmas.

Her responses seem perfectly reasonable.

JacquesHammer · 06/12/2019 14:15

is this normal?

Absolutely normal. Far better than a guess at a completion date before they have the information necessary.

Original poster

Tillymintsmama · 06/12/2019 14:21

She's snotty and patronising if I phone her. So I try to do it all via email.

I don't know what she means when she says 'you and your lender confirm you are happy to proceed'.... I thought I'd already done this when I got the survey results and my mortgage company when they sent the offer letter. Happy to proceed? Of course I bloody am, I'm not paying you for the good of my health!!!

OP posts:

DameXanaduBramble · 06/12/2019 14:29

Welcome to solicitors!

JacquesHammer · 06/12/2019 14:32

Because she acts for you and the lender. Why would you want her to assume you and the lender are still happy from documents at the start of the process when further information will come to light during the process.

It is absolutely best practice for her to gather all the information and then ask you both for final confirmation that you still wish to proceed.

needmoresleep1 · 06/12/2019 14:36

Yep this is normal! And I was buying the house I already lived in!

MinnieMountain · 06/12/2019 14:36

"you and your lender" means she is also acting on behalf of your lender to check the property. When she requests your mortgage money her firm has to sign a form to say that it's a suitable risk for the loan.

She can't mark her file as ready to exchange until all enquiries have been answered satisfactorily.

Stegosaurus1990 · 06/12/2019 14:39

She’s not reported to you yet. She might find something adverse and need to know from you how you wish to proceed. You can’t say you’re happy if you don’t know about it. That’s what she means.

burritofan · 06/12/2019 14:48

Searches been ordered. Draft contracts done, enquiries being raised.
The searches could come back full of problems; you might not like the answers to enquiries raised. It's due diligence on her part to confirm your instructions repeatedly throughout the process.

cstaff · 06/12/2019 15:18

She sounds perfectly reasonable. I am not sure what your problem with her is. Do you just not like her as a person. If she is doing a good job then just let the personality thing go by the wayside.

Original poster

Tillymintsmama · 06/12/2019 15:29

I've never met her in person. I guess my irritation is with the process per se, rather than with her, it probably does seem reasonable what I've relayed. I am a 'big picture' type person rather than a nit picker, they irritate me!

OP posts:

JacquesHammer · 06/12/2019 15:31

I am a 'big picture' type person rather than a nit picker, they irritate me!

She’s not nit-picking. She’s following a legal process.

Stegosaurus1990 · 06/12/2019 15:32

Problem is clients like you are the first to complain when something is missed, despite being the ones to push it through because they don’t care for detail.

20viona · 06/12/2019 15:34

Yes they are annoying and have an answer for everything.

isseywith4vampirecats · 06/12/2019 15:43

we put in an offer for our house booked a survey and solicitor and didnt contact anyone on a daily basis we just got letter from survey, letters from solicitor to update that searches etc had been done, we were cash buyers so no input from a mortgage company, and when the money was in place for us to buy my OH went down there to sign the papers for exchange and completion, no stress and we were not nightmare buyers who harrangued our solicitor made life a lot less stressfull

Khione · 06/12/2019 16:29

You should try having the one I've just had the pleasure of paying to fuck everything up.

Sent me the wrong contract - twice.
Sent the wrong registry entry to my buyers and didn't correct it despite me emailing him to tell him. Which then meant that it all had to be sorted out after the day we were supposed to be exchanging. AND my buyers having to do a 60 mile round trip to sign the correct papers (as their solicitor was also useless and didn't pick it up until we were about to exchange.

And those are just the worst of his offenses.

There must be some good ones out there but I haven't managed to identify one from mine, my buyer's and the 2 buyer's ones down the chain.

Difficultcustomer · 06/12/2019 16:40

If the searches show a right of way through the garden or planning permission for housing behind the property do you still want to proceed or lower the offer price or maybe it’s a deal breaker for the you.

CornishMaid1 · 06/12/2019 18:15

Giving a date early is really difficult to do. You have your mortgage offer, searches are ordered and enquiries are being raised.

First thing, she will need the results of searches back (here they take 2-3 weeks, so areas have Councils that have been known to take 8 weeks, especially in busy times). Then she will have to look at the searches and raise any queries on them and wait for all of the replies to enquiries back.

How long replies to enquiries take is an unknown. They may arrive in in a few days, they may take weeks - my longest we waited was about 10 weeks.

When all of those are back she will report to you. At that point timescales are easy as she has control on it.

My best on dates as early as you are would be, if everything is fine on the searches and the replies come back promptly then we could be looking at end of January, but there is nothing worse than a client who then blames me if there is a problem or if they take ages to reply to enquiries and we miss the date which is why it is difficult to predict. No two transactions are the same.

By reporting to you she means an actual report on the property going through all of the information you need to know. You then sign and return paperwork if you want to go ahead. I have had people read the report and change their minds because there is something they do not like. Just because you like the house now does not mean you will when you get the report.

As you have a mortgage, she also has to comply with all of the obligations for the lender. The lender is not happy to proceed just by sending out the offer. All that means is that the valuation is okay and they would be willing to lend that much to you on that property, subject to the solicitor/conveyancer confirming the legal side is fine. There is a complete handbook of the lender's requirements that we have to check (if you are interested it is called the CML handbook and you can find the link on google). We have to check every property meets that particular lender's criteria and if there is anything which doesn't or is suspect we have to tell the lender. They then decide if they will lend. For us here, the common one is sending them the mining report, but for example if there was an access problem or a planning problem you have to refer it. If it is leasehold you may have to refer info on the rent and service charge.

It is a complicated process and takes time. It is not the best system, but it is what we have.

Phew! I went on a bit!

lastqueenofscotland · 06/12/2019 18:52

December is the busiest month for conveyancers, if you want to complete by Christmas they need to order mortgage funds by the 18th (not saying this is true for you but for context)
So they will have SO many clients breathing down their neck
They don’t need to create more work by giving someone a date they can’t stick to

MinnieMountain · 06/12/2019 20:03

Our last standard date for completions is 20th December.

Seeingadistance · 06/12/2019 22:03

I’m in Scotland, where buying and selling is stressful enough, but sometimes I wonder how anyone in England (and Wales and NI?) has the nerves to go through your process.

In Scotland, an entry date is specified when the offer is made. It can change, depending on circumstances, but there is always a date to be worked to, and which everyone is aware of.

Original poster

Tillymintsmama · 07/12/2019 22:48

Thanks @CornishMaid1 that's helpful... I think it's the process I am frustrated with, how long these searches and enquiries take, I just want to be in now, I love the house. I don't care if someone has the right to drive their flock of sheep through my garden!!!

OP posts:

RoomR0613 · 07/12/2019 22:58

I don't care if someone has the right to drive their flock of sheep through my garden!!!

You don't now, but then when someone does once you have signed on the dotted line.... who ya gonna call?

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