How long does it take for solicitors to start the sale process / 'open a new file'?

[CatAndHisKit]

I don't get it -actually quietly raging at my solicitors roundabout way of communicating. Can't explain/answer a question directly and it's all via email as they all work from home.

I had a buyer who was a time waster a couple of months ago, I was quick to instruct solictors and they had sent all the forms within a few days, which I signed, contracts drafted and ready to go. Then the buyer let me continue looking for a place, but turmed out they were not proceedeable.

Now have a new buyer and both then and myself are in a rush to proceed. Solicitors got the memo over a week ago and still 'opening a new file' - I ve asked whether I need to sign again, assuming everything has been drafted and ready and we just need to change buyer details. I still got no answer whether i/ will need to sign again, and WHEN. Been told fittings form will apply as previously.

So what aer we waiting for? Due diligence having to be done again for the same seller and house that they did two minths ago?
Why can't they tell me what they need to do and how would it take, and why is it slower than the original (actually new) file?!? Arrrgh!

*proceedable

Your lawyer is being a lazy arse. Tell them you will disinstruct them and expect a refund.
Call them and be very clear and firm to the actual lawyer

thanks, lady. Without knowing whether I'm just being too impatient, I didn't feel like being firm at this point - I just cant stand it when people don't answer the actual question and they also said (the actual lawyer, in an email) that it's not that simple as copying the existing draft. No idea what due diligence is apart from checking that house belongs to me, but they've done that before!

I could understand if they told me they were snowed down and apologised, but it's neither that nor explaining the delay.

So much wrong with that post I couldn’t even begin to comment
You do your job and let your solicitor do theirs
Most likely explanation is that your buyer hasn’t instructed a solicitor yet - yes I’m sure they and the estate agent have told you they have
Is that the same estate agent who put forward a buyer that wasn’t proceedable?

Are you serious? What do you expect your solicitor to do in the first week? They may have received the memorandum of sale but now have to wait for your new buyers to do all their searches and legal checks and wait for questions from your buyer's solicitors. The ball is in your buyer's court.

Also surely your buyer needs to organise a survey and mortgage, and that takes longer than a week!

I don't think you understand the slightest thing about the process,although TBF your solicitor maybe hasn't explained it properly

Surely the OP's solicitor needs to send the property details to the buyers solicitor to start the whole process off?

Can you ring your estate agent OP? Find out whether searches have been applied for? If so, you know you're ok and things are moving. If not, then of course move solicitors if you aren't happy. Not so much because of speed, but the fact that they aren't prepared to be clear and transparent with you.

I’m not sure you fully understand the buying & selling process OP? You don’t just sign & fill in a few forms. There are loads of legal searches & enquiries to be done by both your buyer‘a solicitor & your solicitor on the property you are selling & the one you are buying. These are currently taking about 6 weeks. Where these done originally do you know? If so, hopefully this should speed things up a bit. But bear in mind, your new buyer needs to instruct their solicitor who in turn needs to ensure all the searches & enquiries are complete and presumably await for the new buyer’s mortgage provider to value your house. Even if this was previously done, it’s irrelevant. The new lender will need to do it again. Your buyer will probably also choose to do a survey unless you are quite new build. Again, it doesn’t matter if this was done before. Your new buyer won’t be able to get access. They’ll need their own.

Bear in mind, mortgage apps are quite slow as the mo, roughly 4 weeks.

Your solicitor should have explained all this to you so clearly aren’t doing a v good job. Nor do you seem remotely aware how far down the conveyancing line you previously got. Call them & demand a call back to discuss where you are & what still needs to be done. On both sides. Both the house you are buying & the one you are selling. It’s two separate set of transactions. I think you can realistically expect maybe 6 weeks if you are lucky.. maybe less if your searches are done & you have a cash buyer?!

@HolA13: you sound well informed about process and current timings

Based on your info, how long do you think it’s taking from instruction to completion at the moment, 10-12 weeks? I did it in 7 as a FTB but that was 10 years ago and I understand mortgage application is the slow bit now ...

I am just about to sell an unoccupied house, and the solicitor and estate agent reckon it will have to be SSTC before mid November to stand a chance of the buyer completing before the stamp duty holiday deadline. This is in east London.

@Gemma2019

I am just about to sell an unoccupied house, and the solicitor and estate agent reckon it will have to be SSTC before mid November to stand a chance of the buyer completing before the stamp duty holiday deadline. This is in east London.

This is really helpful, thanks @Gemma2019

[quote DespairingHomeowner]@HolA13: you sound well informed about process and current timings

Based on your info, how long do you think it’s taking from instruction to completion at the moment, 10-12 weeks? I did it in 7 as a FTB but that was 10 years ago and I understand mortgage application is the slow bit now ...[/quote]
10-12 weeks is the right expectation to have at the start of the process.

The time taken will vary depending on the vagaries of each individual chain, and how organised/motivated (or not!) the various people involved are.

A housing transaction only moves at the pace of the slowest component, and at the start it is unlikely to be obvious what the slowest component is.

Do you mean that your solicitor has taken over a week to re-open the file? That sounds slow (and I know what I'm talking about........).

If you mean that they are waiting for the buyer to instruct a solicitor and go though the AML process then that can take a bit of time but delays can either be with their solicitor being a bit slow and the buyer being slow to take in ID/get it certified.

@DespairingHomeowner Local searches alone are taking 10-11 weeks in my area atm. We had an offer accepted in August and are working towards Dec for completion, but won't be surprised if it drags out until Jan.

We won't get our searches back until mid Nov at least. Everything else (mortgage, surveys etc) are all ready to go already. Some local councils publish their local searches wait times if you Google. Or you
can ask your sol / estate agent how long seems to be the norm atm

Local searches alone are taking 10-11 weeks in my area atm

Thankfully, it is incredibly unusual for it to take that long, that must be incredibly frustrating for you.

Gemma my solicitors are supposed to start the pricess, THEN buyers will be starting their searches etc, that much has been confirmed by mine. Loose says the same above. But mine wouldn't tell me when it's going to happen. As I say they've sent me forms first time round within a couple of days which I signed / filled in, thids time nothing so far - I've asked if I need to sign forms again, still no answer.
Well after daily exhanged for a few days, it seems they applied to the Land reg.
user that's the whole point, I've asked then to clarify the prices and what stages aer happening in which order, but no one did explain.
I've sold before a while ago so I don't remember the exact pricess and I remember clearly being told what is the next step etc

Loose would the EA know what solicitors are doing re searches?

HOla I do know what needs to be dome in principle once the ball gets rolling, but my angst is about my lawyers not even starting that ball rolling! I did buy an sell before, buyer does a lot more than the seller but can't start until mine send then the draft of contracts as I understand (no one told me otherwise). He doesnt need amortgage but I do expect him sending a surveyor which is hte first thing most buyers do,
Last time I've signed all the forms and filled them in, no searches on my part afetr that because they told me they were waiting for the buyer to proceed- which never happened.

All I want is to hear clearly by e-mail that they've now done X, and now waiting for buyers to do Y, rather than me trying desperately to find out whether ANYTHING happened yet on either side.

A housing transaction only moves at the pace of the slowest component, and at the start it is unlikely to be obvious what the slowest component is.
I don't want that slowest component to be my solicitor!

sorry for many typos, shouldn't type after 1am!
process obvs, not pricess!

Do you mean that your solicitor has taken over a week to re-open the file? That sounds slow (and I know what I'm talking about........).

THANK YOU, GU that's just what I mean, don't know why several posters jumped down on me as if I expected the contracts to be exchanged in a week .

Loose I wonder if you can forgo some of the searches - Aug to Dec is a very long time! Over the 8-10wks average.