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Issues with Solicitor - First time buyer question(s)

Last post Wed, Nov 25 2009, 8:45 AM by Richard Webster. 5 replies.
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  •  Wed, Nov 25 2009, 8:45 AM

    Re: Issues with Solicitor - First time buyer question(s)

    The completion date has to be agreed between the seller and the buyer and their respective solicitors and if there is a chain of transactions above your seller, then those people and their solicitors, so it is quite difficult to give defintie dates until the phone calls have been made and there is little point in doing that until your solicitors have the exchange deposit and the contract and other docuemtns back form you signed.

    As far as the general perfiormance is concerned if you are not happy you need to make it clear that you are not happy.

    1. Telephone and ask to speak to the person delaing wi tthe matter saying that you are concnered that the process has not been explained to you and you want the opportunity to have things explained. Make a note of when you phoned, get the name of the person you spoke to and what they said. If they promosed someone would phone you back within a certain time, note all that down and tell them you are doing that.

    2. If you do get phoned back, ask your questions etc. If you get answers that you feel explain things, fine. If not, tell the person what still concerns you and ask to speak to somebody more senior. If they promise to do that take down the name of the person you are speaking to, and the name of the senior person who is to phone you back.

    3. If you get phoned back by the more senior person and they answer your queries, fine. If not telll them that you are going to make a written complaint about their conduct. If they have a website find out the name of the senior partner and e-mail him saying you have acomplaint and its nature. If you can't do that you will haev to write a letter sying you have a complaint and you wnat it addressed.

    If at any stage they refuse to give further explnations or to answer your queries then tell them you are oging to write to the senior partner with a complaint. The key thing is to be clear about what you are asking and who you have spoken to and when. If you simply have a vague general impression then it is difficutl for the solicitors to deal with a complaint..

    One thing you must understand is that you may have had sen tot you a general written explanation of what happens and how the solicitors deal with a matter for you or this may be on their website. You need to read this first before you ask questions.

    As a conveyancing solicitor (assumihng the proeprty is in England/Wales) I believe the information given in the post to be useful but I accept no liability except to fee-paying clients.

    • Post Points: 29
  •  Mon, Nov 23 2009, 2:19 PM

    Re: Issues with Solicitor - First time buyer question(s)

    I do feel as a first time buyer that I haven't had any guidance. I've been told conflicting things from the Estate Agents and the solicitor. It is probably games being played however, when you are unsure of a process it becomes hard to establish what is correct and what isn't.

    I have left several messages for the solicitor since the start of the process, only one of which has been returned, which I do find odd. I have found out today that the contract has been sent out today and he hopes that exchange of contracts will happen before the end of the week.

    He wouldn't commit on a completion date, so I am still in the dark as to when that will be.

    Dangerman

    • Post Points: 20
  •  Mon, Nov 23 2009, 1:52 PM

    Re: Issues with Solicitor - First time buyer question(s)

    You have to get your solicitor to talk to you and explain the process - what has been done and what still needs to be done. If they won't do this then you have grounds for a complaint.

    As a conveyancing solicitor I believe the information given in the message to be useful but I accept no liability except to fee-paying clients

    • Post Points: 44
  •  Tue, Nov 17 2009, 1:16 PM

    Re: Issues with Solicitor - First time buyer question(s)

    Thank you for the quick reply.

    I guessed that there would be some pressure from the vendor’s side. I am in the fortunate position of not having to rush, however, the fact that the solicitor came recomended and he is not exactly the cheapest, I would have expected at least some customer contact in regards to updates etc.

    I have left a message with my solicitor asking him to call me back, and I will be ringing the Mortgage manager who recommended this firm to file a complaint, if he doesn't call back.

    It's a shame that you pay so much money for a service yet lots and lots of companies really stretch the boundaries.

    We shall see what outcome I get from this.

    Thanks again

    Dangerman

    Update: Solicitor rang me back to explain that he had not received any contact from vender's solicitor regarding issues with completion date. He had received a call from the Estate agent however the information from the estate agents differed to what they had told me and at no point was the subject of the vender dropping out of the sale mentioned to my solicitor. He explained that he would rather take a few extra days to ensure everything was done thoroughly rather than cutting corners (which I understand). I have come to the conclusion that the agent is keen on getting a commission bonus in time for the Christmas pay day.

    • Post Points: 20
  •  Tue, Nov 17 2009, 12:49 PM

    Re: Issues with Solicitor - First time buyer question(s)

    Hi

    This sound like a normal process to me. At this time of the year there are quite a lot of people looking to complete with Christmas looming.

    The vendor saying they will pull out if a date is not agreed by Wednesday, sounds like an empty threat. This is just to put pressure on all sides to get the process moving. What are they going to do, put the house back on the market and hope they can find a cash buyer who can complete quickly.

    If I were you, I would phone the solicitors again and ask for a call back with the present position by a given time. If the solicitor does not call back, I would contact the mortgage centre and make a complaint. The solicitor you say was recommended by the mortgage company, so they must keep an eye on the service their customers are receiving.

    What I have found in the past is that solicitors on either side are not always very good at working together. It needs a bit of pressure applied by all sides, for them to get their finger out. It think it is a bit late to change to another firm, so you need to pile on the pressure. As well as phoning them, send them a fax and an e-mail.

    Huckster

    • Post Points: 44
  •  Tue, Nov 17 2009, 11:06 AM

    Issues with Solicitor - First time buyer question(s)

    Hi all,

    I've been lurking around these boards for a while and needed a bit of advice regarding my solicitor. I am a first time buyer so my knowledge is limited so please bear with me.

    I have my mortgage agreed and the paperwork is with my solicitors, I have had the mandatory survey completed and that's all fine. It’s been four weeks since an offer was accepted and was told completion would be around six weeks, no problem.

    Just over two weeks ago I received a letter from my solicitor (in London/im based in the West Midlands recommended by the mortgage provider) asking me to send my Identification and proof of address and a cheque to cover the cost of the searches, I had a few minor problems but nothing to serious. I sent this recorded delivery asking the solicitor to ring me to confirm that they had received the items. No phone call. I rang last week at which point my stuff arrived over a week later. I am having problems getting the solicitor to agree a date on completion and when I have asked him he claims that the vendor’s solicitor is not responding to his letters. My solicitor has never returned my calls and I am getting slightly concerned.

    Yesterday I received a phone call from the estate agents stating that the vender is keen on speeding things up as the property she is buying is pushing her to complete, would I be happy to complete around 30th Nov (six weeks as previously agreed) I said I do not have a problem but would have to confirm with my solicitor. Spoke to my solicitor who said 'they can push all they want, it'll be done when I can', again not committing to a date.

    Estate agents have spoke to my solicitor and also to me and have informed me that the vender will have to pull out if no date is agreed by Wednesday.

    Six weeks is a very quick time to complete, however I was assured by the solicitor that it could be done if both parties wanted it. I was also told buy the Estate agent that my solicitor had told them that the searches are not complete but was under the impression that searches have a 48hr turnaround and also believe that this should have been done weeks ago?

    Should I be worried or is this a case of the estate agent playing one against the other? Any help would be appreciated on how to a) get a date confirmed from my solicitor b) make sure this property has the best possible chance of completion.

    I have had issues with a previous property which were caused by errors from the mortgage provider which cause it to fall through and I really don't want it to happen again.

    Thanks in advance

    Chirs (Aka Dangerman)

    • Post Points: 20