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FTB - really confused by the process and why it takes so long

30 replies

Firsttimebuyer2024 · 22/08/2024 16:43

Hi all,

Any advice for a clueless first time buyer would be very much appreciated. I feel a bit let down by my solicitor as the process hasn't really been explained to me properly and I don't feel like I can approach or ask her questions (I phoned her office yesterday about something after not contacting/bothering them for 4 weeks and spoke to her PA and she seemed really annoyed that I'd rang her). I've not pestered them at all during this process and tried to educate myself by reading articles online instead but I still don't understand certain things including what part of the searches takes so long. I think she just assumes I know these things already but how would I when I've never done this before. The last time my mum bought a house was over 30 years ago so she isn't much help either.

Apparently my searches were ordered on the 31st July and won't be returned until the 3rd September although the estate agent said searches in my area were only taking 2 weeks.
I've just rang the council now as I couldn't see anything on their website about timescales and she said the local searches were only taking 3-5 working days and cost £6. I've paid £350 but I have no idea what for. I told her it had been over 3 weeks and she said they were returned 2 weeks ago. I asked if there was anything else that a solicitor would request and she said no. She also said kept mentioning something about a private company?? I feel even more confused now.

Can someone who's experienced/knowledgeable about this process please explain?

OP posts:
Peonies12 · 22/08/2024 19:27

We never chased the solicitor and still bought the house! It’s always going to take ages, just sit tight and wait.

Bodeganights · 22/08/2024 20:58

Firsttimebuyer2024 · 22/08/2024 18:45

@Twiglets1 it should hopefully be a straight forward transaction (first time buyer, no chain, vacant property) so fingers crossed it will all go through smoothly.

I don't think it's unreasonable to check in every few weeks though as some pps have suggested (this is the first I've contacted them after instructing them over 4 weeks ago) and I won't bother them again now for another few weeks unless I hear from them first. I know some people who have contacted their solicitors every week which I wouldn't do. I think it would be a bit crazy to not contact them at all through the entire process as that could be 12-14 weeks with no updates etc

Why is it a vacant property?

Because last house I bought was a probate, and they had to get probate, have the house put in their name (cos dead people cant sell houses) and then were able to sell to me. It took months for that to happen.

Potterson13 · 22/08/2024 21:37

Solicitor here, I work primarily in conveyancing so I hope I can help.

The usual buying process is as follows:-

Initial paperwork and payment on account is received by the client (you)

We carry out our due-diligence (ID checks, source of funds checks etc.) and then request contract documentation from the seller's solicitor.

Once received we order searches. Previous posters are correct in saying local authority searches take varying times to be received. In my area, we get the environmental search result almost immediately, the water a drainage search around a week later and the local authority search in around 3-4 WORKING weeks.

The next step is where solicitors vary. I personally raise initial enquiries on my clients' behalf before I receive all the search results. So when I receive contract documentation, I review the same and raise enquiries on the Title (deeds) and the protocol documentation completed by the seller (the property information form and the fittings and contents form). I also send the protocol documentation to my client along with a plan to the property for their review and to give them the opportunity to raise any personal enquiries they may have. While I'm waiting for the seller's solicitor to respond, I'm also waiting for the search results to come in. Some solicitors wait for all the search results before raising enquiries. It really is personal preference. Of course, once the searches are in, if required I'll raise additional enquiries on these.

Once all enquiries have been responded to and I'm happy with the same, I'll prepare the report on title and send this to my client with documentation to sign. The report basically details everything I've learned about the property through my enquiries and the search results and puts it all in layman's terms. If you're happy with this, we'll confirm this to the seller's solicitor and begin to discuss completion dates.

I will caveat this by saying not all solicitors and definitely not all firms are the same. We're currently experiencing a huge problem in the industry with what we dub as "factory firms" who take on far too many cases to be able to effectively manage their load and also client expectations.

If you're unhappy with the service you are receiving, make a noise about it. There may be a perfectly reasonable explanation, but you should be kept in the loop as to process of a matter which constitutes the biggest purchase you'll likely make in your life. If there is a delay, they should be updating you.

Ladyflip · 23/08/2024 06:44

Also a solicitor commenting to say that some firms use search providers who submit and return all the searches for the property. Different searches such as those listed in the earlier go to different authorities eg water goes to water firm, environmental and it is less admin gray for solicitors to use a provider who will track and return them on a given day.

IOnlycreatedaccountforthispost · 23/08/2024 07:00

You solicitor won’t have applied for searches until they received the contract papers from the seller’s solicitors. Most solicitors use a private company for searches, they don’t go direct to the council as it is cheaper and often easier. The search company still gets the info from the council but it is done in a different way. They probably advised 3-4 weeks as an estimate. The local search normally takes longer and times scales vary from place to place and even from week to week depending how busy the council are. Once your solicitor receives all the searches they will review all the paperwork and raise enquires (they may raise enquries before then, but it is unlikely) and once done may send you an initial report with copies of the searches, a copy of the enquiries they raised, TA6 and TA10 forms, title deeds and other stuff. In our office this report will only sent to you once everything I have mentioned above has been done. In busier periods (like right now) this could be around 6-7week after we have had contract papers and 1-2 weeks after we receive the searches back. We do however go through these times frames with our clients at the initial meeting and also report to you (usually be email) when we have received contract papers and applied for searches with an ETA so you know what to expect. To manage your expectations I would not be trying to work out why searches are taking so long. This is just gonna stress you out. An average transaction is going to take around 12 weeks from when your solicitor receives contract papers baring any unforeseen circumstances.

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