babber

Are there any solicitors on here that are familiar with conveyancing? Or anyone that can offer some advise please?

I’m tearing my hair out, and I’ve not really got any….

Survey has been done and mortgage offer has been received.

Current seller is with Abbey National and we’re using Abbey as well.

We are buying the property from a Friend and there’s no chain, so you’d think it would be easy wouldn’t you…Think again!!! L

We both tried to use the same solicitor, but apparently it’s not allowed!!! Why, I really don’t know, or understand.

As we are currently homeless and all our stuff is in boxes spread all around Bristol it’s difficult to find anything.

Solicitor insisted on us paying for the survey with a cheque. Bit difficult, as we haven’t a clue where the chequebook is at the moment. After loads of debate, they actually refused cash payment, why? Reluctantly they eventually accepted switch payment.

They won’t start the search process until they’ve received the contract from the seller’s solicitor!!! Why is this?? Surely the search can be done in parallel to what’s going on now??

Seller’s solicitor reckons he can’t get the contract drawn up until next Monday…. How can this possibly take so long? Surely it’s a standard contract (word template), which they simply have to insert our details in. Then he reckons he has to post it. What’s up with a fax?? Why can’t we pick it up and drive it from one solicitor to the other?

Why do they have to get the deeds from Abbey National? They are the selling building Society and will be lending us the money.

Why bother transferring the money at all. Deduct what is owed on the mortgage currently from the purchase price and transfer the balance to the seller’s solicitor…why can’t they do this. It would avoid loads of paperwork, waiting on the post and save us loads of money.

Realistically how long should it take from the point the contract is issued to completion?? I’m living in a hotel at the moment and it’s costing me a fortune!!

Why do solicitors talk down to people and make you feel like they’re doing everyone a big favour?? It’s pi55ing me right off, I’m not an idiot, and am just trying to speed the process up.

Does anyone have a process flow, on the steps / process a solicitor need to take in-order to buy / sell a house please?

Thanks in advance, a very pissed off Phill

Brendan Hughes

Not allowed to use the same solicitor as it's a conflict of interest. You pay the solicitor to work for you. You don't pay him/her to work for someone else (against you).

babber

Well maybe so, but I don't see much evidence of them doing anything for me... Lazy bar stewards... I just want to complete and move in

Phill

MattN

Why would the solicitor bother about the survey, that's the mortgage companies problem?

You also said it's been done? Think you need to sort out who supposed to be doing what as if you don't know you can't expect anyone else to know!

fast bloke

Why was the solicitor organising the survey No-one is allowed to accept cash payments any more anyway - PITA

They could do the searches now. The main reason they don't is that if they never get a contract they might end up a few quid out of pocket.

Sellers solicitor seems to be having a lazy fit, or else the typist who prints the standard contracts is off

The deeds need to be modified to show you are the new owner

Transferring money usually on takes an hour or two

Once contracts are exchanged and both parties are agreeable they should be able to do it in 5-6 days. They can push this much harder. I had a client exchange last Friday at 9.00 AM and move in at 3.00.

All solicitors are the same They hate it when we give them grief, cos we know how easy the process is and won't take any bullsh1t answers. Phone them twice every day and tell them if it isn't sorted by Friday you are pulling out. (Tell you frien to tell their solicitor this as well, but don't actually follow it up )

Seems you already know all the steps involved

Pastor

Seems to be the way things are done. I'm trying to buy a house at the moment, in fact I'm desperate to move in as the seller is to get out. Our solicitors seem to be doing a great job of slowing everything down though.
How do I know for sure, because I drink with the guy at my local pub and believe him when he says he's filling everything in on the dot, just as I'm sure he believes me. Our solicitors are basically lying to us, can't understand why either as both are on fixed fees.
Perhaps it's an unwritten rule that they need to cause as much hassle as possible so everyone feels they've got their money's worth.

alcazar

iTrader: (2)

Solicitors have two speeds: dead slow, and stopped.

**** them off and the second one is what you'll see most of.

They have to make 'emselves feel important.

Alcazar

babber

Right the survey has been done!! But the payment wasn't made at the time the mortgage was arranged. Don't undertand why, but solicitor picked it up. So we had to pay for the survey and searches the other day, but switch.

Think the problem here is there is no estate agent!! Solicitor has been on the phone, and she was well stroppy to start, let alone the time I finished with her!!!

Right I'll get onto my mate Rob to tell his Solicitor to sort out the contract ASAP

She said the search can't be done, until the plan has been received. She can't lose any money, as we've already paid for it. And like your going to default payment to a solicitor... She also said the deeds will be included in the contract!!!

Right, what about this then. She said if she does receive the contract on Monday it can take upto a four weeks!!! As someone has mentioned they are experts in slowing the whole process down!!

Phill

babber

If that's the case, I'll use another one then.... Can't see it could take much longer, as this solicitor hasn't done a stroke!!

Mates just phoning his solicitor up now to say pull your finger out, or the buyers are going to withdraw the offer you never know this might work.

Be really interesting to get the two solicitor, seller, building society and me on a conference call, to get the root cause of the slowness...

Phill

Harry_Boy

Phil,

Makes no difference whether or not both you and the seller are with thwe same lender. They still have the same procedures to adhere to.

It's generally not done for the same solicitor to act on both sides of the transaction, because of the potential for a conflict of interest. Having said that, it can be acceptable for different individuals in the same firm to act on either side, provided there are good reasons to do so.

Are you sure you meant that you paid the solicitor for the survey? You would normally pay the lender. Are you meaning the local search instead? Solicitors are notoriously reluctant to handle cash - often their cashiers departments are not geared up to this. Nevertheless, it's a bit inflexible of them, and I'm getting the impression they should be trying a bit harder for you....

There are two reasons why they may not want to start the search until they get the contract in. 1. So they can attach a plan to the search to ensure they're searching against the right property (irrelevant for many cases, unless you're buying an irregular area of land) and 2. so they don't waste your money, if the property is withdrawn (again largely irrelevant in your case).

Why bother transferring the money? Well, it's not an unusual question, but it has a straightforward answer... Because the legal requirement is that the property be transferred free from mortgage, and it technically wouldn't be... The monies from your mortgage need to be added to your 'deposit' balance to fund the purchase. These are transferred in full to the vendor's solicitor. He then undetakes to pay off any mortgages (or 'charges') on the house from the proceeds of the sale. The property can then be registered in your name, with your lender benefiting from the first charge.

Agree with you about the cotract - it's a standard template into which the property details (address and LR title number), the seller's and buyer's details and standard T&Cs are included. It CAN be faxed. It CAN be collected in person.... It should be provided with the information packs and details of which F&Fs are being left, plus copies of the title to the property, for perusal by your solicitor.

The deeds need to come from the Abbey because your solicitor would be negligent if he failed to investigate the title to the home, and something appeared subsequently, such as a right to hold a fair on your front garden, or a right of way through your living room. You get the picture?

Also, the original deeds need to be handed over on completion, as part of the conveyancing process. otherwise the transaction is not concluded.

From issue of contract to completion? Depends on how long searches are taking in your area. And whether there are any conditions on the mortgage offer - eg the need to obtain specialists reports. It's irtrelevant whether or not it's the same bank or building society. As a rough rule of thumb - maybe 6 weeks.....

One last question.... Whay are you in temp accom? Is this historical, or did your friend or your solicitor lead you to believe that the process would be quicker.

If you need a quick chat on the process, call me on xxxxx

Cheers Chris (H_B).

babber

Replied earlier, but scoobynet went **** up!!

Chris long story about living in temp. accomidation, but involves my divorce and giving my last house to my Ex. Was living with a mate, and he sold up quickly. I'm working away from home, so it's only a drama at the weekend....

Are you in the legal profession?

Looks like the sellers solicitor has given in and should have the contract ready tomorrow. Not sure about the plan of search, who supplys that, them?

Understand all the rest, so by tomorrow I should be able to call into my solicitors with at least the contract!!!

I've come back from Newcastle (to Bristol) to go personally tomorrow. I'll print out what you've written, as I might need to quote from it. Shame I can't sack my solicitor and use my mates, Robs. You explained that as well.

I wonder if everyone get stroppy with solicitors, they seem to think they're so special. Chris has been good though

Phill

Harry_Boy

Hi Mate - glad it's working out...

Yup, qualified sol for my sins. Don't practice now though - PR instead. Much more fun...

Harry_Boy

PS. The search plan comes from the seller's solicitor, as they are the ones with the title deeds, and with responsibility for drafting the contract (ie to define exactly what it is that their client is selling to you).

Having said that, most properties can be identified from their postal address, so unless it's an unusually shaped bit of land that you're buying, a plan isn't generally needed...

PM me or call if you're still having probs.

fast bloke

Harry boy is a qualified show stopper.... erm solicitor

babber - If you need a hand with Abbey or have any other questions PM me. Harry can probably sort you on the best ways to slow down completion... erm I mean speed up completion.

First thing tomorrow ask you solicitor to get on with the searches, and tell them you will bear any associated costs regardless of outcome. Usually takes 3-5 days over here and cost £80.00 - no idea of timescales and costs on your side of the pond. Abbey are **** hot at the minute, so you shouldn't have any issues with them. no idea why it would take 6 weeks from contract to completion?? most lenders will ask for 5 days from receipt of certificate of satisfactory title to completion, but I know that Abbey will do it same day. At this point if I was handling it I would expect to have you in by next Monday week at the very latest, but possibly by next Thursday. As I said above - get on the phone and threaten to pull out at every slight hiccup. This had worked for you so far (contracts tomorrow) and will continue to work.

Brendan Hughes

Harry-boy #10, babber #11 - you don't want your mobile no. on a public BBS do you? Better to use the PM facility.

Harry_Boy

Cheers Brendan mate - it's been on here before, but I'll edit it for the sake of being sensible...

babber

Harry Boy / Fast Bloke,

Thanks for the "free advise" so far

What a complete load of **** I being fed from someone that's supposed to be on my side

This is where we are today

My conveyancing secretary is on holiday (yes the really stroppy one, with PMT ) so has been replaced by a proper (locum) solicitor!!! Oh great I thought. I phoned up the office and asked to speak to the secretary and was told she was on holiday. I asked to speak to someone, who could give me an update....

The solicitor came on the phone, and immediately told me that she'd heard I was very difficult customer to get on with. Hmm, I thought. I started trying to explain why I'd been annoyed last week, and surprise surprise she proceeded to talk down to me, and interrupted me when I was trying to talk. I pointed this out to her, and her reponse was I was doing that to her, and I shouldn't try and tell her to do her job... I pointed out that if she did do her job (and she was getting paid loads of money for pi55ing me off) I wouldn't be pissy with them. I told her I wasn't a child, we weren't in court and she was on my side and I was a customers!!!

We proceeded to have a little bickering match for five minutes, with me pointing out solicitors (no disrepect to Harry Boy) aren't any better than anyone else on the planet...Well you get the picture. She told me my friend (yes you Harry Boy) is talking crap about the searches, after I quoted to here line by line what you said. She then said, ah well it's different in South Glos (apparently) the council require them to follow ensure they have a plan in place before they proceed.....

Lol, she did say the good news is "You got your mortgage offer" oh right, I knew that.....That arrived on the 29th September.....!!!

Anyway I so pi55ed off with it all now....

The sellers solicitor has forwarded a contract (basic)?? but it isn't complete, or so she says. She said she'd start the searches off now, and paperwork would be going out tonight!!! Just as well I told Friday off and lost £250, as nothing seems to have moved forward

We are waiting on now:-

Property information form

Fixture and fitting schedule

Copy of title??

Deeds (in title)???

Planning consent (from when the property was built (1965) who the **** would have them?)

Planning consent (for conservitory and extention)

Building Regs approval ??

Completion certicate ??

She said all this stuff must come from the sellers solicitor (even though my mate has some of it) and was prepared to drop it into my solicitor....

After a 15 minutes conversation I managed to cool down a little. But she started me off again with 3 statements:-

People that buy houses privately (I guess from sellers they know) give her / them more grief than anyone... I'm sure this wouldn't happen, if they got on, stopped moaning / dragging there heals and did what they're supposed to do!!!

No way we'll be ready to move in this weekend, as it totally un-realistic timescales.

Estate agents give them loads of ****!!! I pointed out that's probably as they know what they're talking about, and can probably get the solicitor to pull there fingers out there *****!!!

Any additional advise would be appreciated, as I'll be on the phone first thing in the morning!!! I've been in a great mood all day, and she made me really pissed off!!

Phill

PS Estate agents have come up in my estimation to be fair, and is there a Governing body I can write too, or telephone....??

chris's scooby

The Property information form and the Fixture and fitting schedule has to be filled in buy the seller, so i would chase them up.

The planning dept at the council will be able to provide the consents. Normally the solicitor gets the info from them but they may send it at your request if you ask nicely!

Building regs, again council if the vendors don't have a copy of it. If there isn't anthing at the council your solicitor or the vendors solicitor can organise indemnity insurance for you. Cost varys on the amount you need. From memory cover on a ground floor extension without building regs cost £54.

And agian the completion certifacate will come from the council if your friend or his solicitor has lost it.

Good luck

Chris

Kev_turbo

Moved house about 15 months ago and by coincidence both us and the sellers were using the same solicitors practice but different partners. When we got the quotes for the solicitors bit we explained that we were buy only (not selling the other house) and the buyers had already completed on their new place so no chain at all. They quoted us £x and said we WOULD be in 4 weeks after things started.

When we hired him we said that he would be held to the 4 weeks unless he could prove why things had been delayed, at this point we (and the solicitor) didn't know both parties were using the same practice.

Twice he tried to extend the deadline using the 'the other solicitor is dragging their heals' and 'the info from the other solicitor is in the post'. At this point I went in and told him I knew who the other solicitor was. Silence.

We let him plod on ringing him every 2 days to check on progress and reminding him of our moving day, the closer it got the more evasive he became but we persisted and told him we had the conversation recorded stating he could have us moved in in 4 weeks.

In the end he did as promised. We signed at 9am on the stated date and all was well though he really didn't like it. God knows why as he got >£600 for basically ordering a few bits of paper and reading them to us. There were absolutely no complications.

The moral is, they can do it, and sometimes do. But it certainly seems like they hate doing it and want you to know it.

Kev

Brit_in_Japan

I managed to get from making an offer to exchange and completion in 4 weeks, but I had to kick the solicitors every step of the way. I am sure that in straightforward cases there is no reason why 2 weeks should not be perfectly attainable, but it seems like solicitors and legal execs like to spin it out to justify the costs.

It is also possible in some circumstances for one solicitor to represent both parties. If the purchaser is making a cash purchase (i.e. no mortgage) then the solicitor can represent both vendor and purchasor. I speak for experience as this is exactly what my mum did when she down-sized her house.

Keep going Phil, try to remain calm and try to get them on your side. Explain to them the personal stress of not having a home right now, the financial burden of living in a hotel, the worry etc. If they want to help you then they are likely to try harder to speed things up. At the end of the day they are human beings too so appeal to their human side (even solicitors have one, lol)

babber

Thanks for all the kind / and informative comments. The worse thing about it all, is I promised my nine year old (who lives with her Mum) she could have her party at my house and a few selected mate, can stay over.... Her birthday is next Wednesday, so looks like that isn't going to happen either. I know what my Ex will say, I've let the kids down yet again!!!!

I haven't had them overnight for nearly three years, and was so looking forward to it I can't even order the beds and bedroom furniture until we've establish a moving in date...... As far as I'm concerned they all seem to be complete *****, although there are a few nice ones out there, I guess

Phill

billythekid

Having similar problems myself, taking ages (months) to exchange contracts...

My other half is a solicitor too, so she knows what should be being done etc and its not!!

We could have been strung along for months and at the end of it there is no sale.

Harry_Boy

Phill - Law Society is the governing body for solicitors in England & Wales.

Estate agents aren't regulated, though some are members of the NAEA (National Assoc of Estate Agents). This is voluntary (at the moment).

PM me if you need to chat.

billythekid

You should always check out your sol with the Law Soc.

My mrs did this and the fist Sol that was going to act for us had a pending investigation on his file... so we wont be using him then!!

babber

What's the best way of contacting the Law Society? I'll give the Solicitors a ring in a minute, and find out the next round of bull**** excuses

Thanks Phill

chris's scooby

Try here;

http://www.lawsociety.org.uk/home.law

babber

Just an update really.

They had me sweating again this afternoon. Apparently there's a clause in the original contract (dating back to 1965) that states, the original builder / developer has to agree any extension / building work before it can commence.... Obviously the seller didn't know this

House has a two story extension and conservitory, so they were not going to exchange again...

Money was in the bank, etc ready to go!!! I almost lost control at this point....

Anyway to cut yet another long story short!!! They builder / developer has disappeared off the planet, so we have exchanged now, hopefully to complete tomorrow.....

As the extension / conservitory is less than a year old, we can't take out insurance to cover (whatever, as I wasn't listening) but to be really honest, I don't give a chuff.

Fingers crossed it should be tomorrow

Thanks for all the free advise..... Phill