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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:
Stegosaurus1990 · 08/12/2019 07:55

Might be a compulsory purchase order and you’re paying out hundreds of thousands for something that’s going to get demolished... any number or unpleasant and expensive possibilities. The flock of sheep example is particularly naive.

chuck7 · 08/12/2019 08:02

This is exactly how my solicitor communicated with me 🤷‍♀️ it's normal. I was surprised when I met them in person and they were so warm and welcoming.Blush

Goinglive · 08/12/2019 08:04

spot on to the last two posters. So if your coal search comes back with a mine shaft under the house you're ok with that, or as above, a huge charge attached to the house on your local search. These things happen and are the very reason why the searches are there. it's not not picky' it's a legal process governed by your lender and the law.

Blankscreen · 08/12/2019 08:12

Also the seller has to give the replies to enquiries. It's not your conveyancer fault if this take time. She isn't responsible for how long the seller takes.

Sorry OP but clients like you are a nightmare. you have no idea how the process works but your immediate stance to moan about the conveyancer when by the sounds of it they've done nothing wrong.

As for the poster who said someone had to drive 60 miles to sign something -this is why I always say use someone local and not miles away.

JacquesHammer · 08/12/2019 08:34

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

Your mortgage lender will.

Goinglive · 08/12/2019 09:23

I'd love to know how many people who work in property law are on this thread Smile

Stegosaurus1990 · 08/12/2019 09:49

@Goinglive
You can tell from the good advice as opposed to the opinionsWink

MinnieMountain · 08/12/2019 10:15

I hope she is nit picking. It's what conveyancers are supposed to do.

wowfudge · 08/12/2019 10:16

Unless you are 60 miles from any solicitor there's no reason to travel to sign documents either.

BaronessBomburst · 08/12/2019 10:19

Pain in the arse, nit-picking conveyancers are the good ones.

8by8 · 08/12/2019 10:32

She doesn’t just work for you, she works for the lender as well.

If she doesn’t get all the search results, replies to enquiries and then report to the lender in accordance with their procedures then they won’t give you the money.

And she has absolutely no way of guessing how long this process will take until she has all of the information.

It’s literally her job to check the details and follow the procedure.

SourAndSnippy · 08/12/2019 14:23

YANBU
I'd find that reply from her pompous and patronising too. I could write the same thing much better! (and I'm crap at English 😅)

user1487194234 · 08/12/2019 17:52

PP says in Scotland an entry date is specified when an offer is made
Very unusual for this to happen nowadays

PlumsGalore · 08/12/2019 19:08

I worked in a solicitors office 35 years ago, in my recent dealings with them including house purchase, will and power of attorney I can categorically confirm that absolutely nothing has changed.

They are still stuck in the dark ages, it’s like Life on Mars in the legal world.

Seeingadistance · 08/12/2019 19:51

PP says in Scotland an entry date is specified when an offer is made
Very unusual for this to happen nowadays

Not unusual at all. Specifying entry date when making an offer is a standard part of the legal process in Scotland. Information below is from the mygov.scot website’s Guide to Buying a Home: the legal process.

If you decide to make an offer, it should include:

a brief description of the home you want to make an offer on
the date you want to collect the keys and move in
the price you want to pay for it
any items you want to buy from the seller
any other conditions you have

I bought in Scotland this summer and it was less than 8 weeks from offer to entry. It only took so long because I was on holiday for over 2 weeks immediately after making the offer so didn’t make formal mortgage application till I came back. The offer letter gave a late entry date which was subsequently brought forward.

user1487194234 · 08/12/2019 20:22

I am involved in say 20 + conveyancing transactions a week and IME agreeing a date of entry at the outset is unusual
Didn't used to be but is now

Seeingadistance · 09/12/2019 00:19

@user1487194234

You must work in an area with very distinctive local practices which differ from the Scottish norm. The Scottish Standard Offer and Scottish Standard Clauses, the third edition being dated October 2018, have the details of Purchaser, Property, Price and Date of Entry as the four key elements of a formal offer to buy a property.

The entry date may not necessarily be agreed at this very early stage, but a date must be specified when the offer is made. Date of entry can be just as relevant as price when it comes to an offer being accepted or rejected, and is a point for possible negotiation between vendor and purchaser.

user1487194234 · 09/12/2019 10:08

A date must be specified in the Offer ,this is just not happening at the moment.I practice in Edinburgh,Glasgow and throughout the central belt.Where do you practice

WombatChocolate · 09/12/2019 10:12

I found that on paper and email, solicitors and conveyances are very stiff and pretty much using a scripted version of answers. It is to ensure they say the right thing and can't be sued for telling you the wrong thing or failing to point out potential issues or failing to l,ace caveats in what they say to cover themselves.

If later you want to complain that they didn tell you something, they want to refer you (and any kind of tribunal) to all the things they said which show their answers all have caveats and ultimate responsibility rests with you.

It's useful in a way as it reminds you that you do have to fully read and check everything for yourself and that you yourself agree to proceed.

Conversations in person often highlight whether issues really are issues for this particular case, when on paper, everything sounds terrible and risky.

The so-called nit picking is their job. People are quick to complain when something is missed, but lots of solicitors say the problem is people fall in love with a house and are just desperate to complete regardless of the information about the property - they don't read what they are told ie follow advice to get further surveys or take on board comments about onerous terms in leases. Yet, when they later discover there is an onerous lease term or an issue which they didn't know about because they didn't get the recommended surveys done, they feel aggrieved.

My conclusion on all this, is simply that buying a house and gathering all the necessary information via your solicitor takes a good while and longer than most people imagine or think it should. Because most people don't buy and sell frequently, they are surprised at how long it takes, at all the documentation solicitors require, at all the questions they have to provide and all the questions which have to be asked and answered. People want to move quickly, but do t always see the disconnect between wanting to do this and having full information. They also forget this is a legal process and because they might not be involved in these very often, feel irritated with solicitors.

When I think about the price of conveyancing, in relation to it being your most expensive purchase usually, I think it's pretty good value. Take off the stamp duty which is determined by government and take off the estate agent fees which aren't set by solicitors, and many people find their solicitor fees (even with the extras which annoy people but are necessary) are well under £5k. Yes, it's money but in relation to a house purchase it seems pretty small. Given some people manage to buy or sell cheaper smaller properties and find their fees don't tip the £1k amount, I'd say it's pretty good value. Misunderstanding of what is involved, what needs to happen and the length of time communication takes leads to lots of people getting irritated. Some solicitors are slow, but many aren't. Many clients think that they must ring every single day and that if they don't they aren't fulfilling their duty as a buyer or seller which somehow seems to be to harass solicitors - but they forget that the more harassment, the less time to do the work and the longer it will take - a balance is needed. I liked solicitors who have online updates and who email updates but keep it brief and tell you they will make sure you know everything you need to know but won't make unnecessary contact - those that let you book a phone conversation if you need one, but do t actually let clients ring whenever they like so the solicitors can get on and do some work.

Seeingadistance · 09/12/2019 10:34

@user1487194234

I don’t practice, but I have bought and sold various properties in Glasgow and Ayrshire. Date of entry has always been specified and I find it bizarre and concerning that so many solicitors are not complying with the Scottish Standards.

If I were selling a property I wouldn’t even look at an offer which didn’t include an entry date and as a purchaser I wouldn’t want to do business with a solicitor who was so lax/incompetent.

YouSawThePlans · 09/12/2019 10:39

Interesting that is your experience user . We've seen a definite shift with some conveyancing solicitors in the last year where they really don't want to include dates of entry. However, there are still some of the larger companies where they will include them in early documents.

As a client, this shift away from dates of entry is not helpful nor convenient. Is there a reason why you're pushing clients to accept a lack of date as 'standard' when it definitely wasn't standard practice for years?

YouSawThePlans · 09/12/2019 10:42

Seeing which company do you use? You can DM me if you'd rather not say on this thread. I'm always looking to increase the bank of solicitors we can call on.

user1487194234 · 09/12/2019 10:44

With the very greatest of respect Seeing a distance you don't understand the way the system is currently working.
It used to be that dates of entries were always specified.They are not now
Most offers are subject to sale of existing property,this is an unknown quantity,so the date of entry cannot be specified.

I don't like the current practice,but I need to work with it day in and day out.

I am neither lax or incompetent,just an experienced solicitor who understands the way the market works at present.

I think you are very rude to suggest that to me.

Kazzyhoward · 09/12/2019 10:45

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

Law is all about the detail, i.e. "nit picking". If something goes wrong with/after the purchase, you'll be glad she was a nit picker if it means you don't end up buying a house with problems or being conned out of shed load of cash. With law, "near enough" certainly isn't good enough. It's her job to be a nit picker.

user1487194234 · 09/12/2019 10:49

It is not me (or any other solicitor ) I know who is pushing this practice,I am very against it,and long for the old days.

It is simply a consequence of the current system ,most offers are subject to sale of the existing property etc.

We are getting very close to an English system

Obviously if you are a first time buyer, or if you have sold your existing property ,then that is different

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