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Doing my own conveyancing

2

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Actually, one of the biggest challenges is getting timely, acurate and comprehensive responses from the other side's solicitor and/or agent.

    Endless chasing of them to respond to you, while you can turn round their queries same day.....

    As has been said, they are dealing with so many purchases, and often rely on inexperienced clerks to do most of the work anyway!

    BTW - you'll often learn much more about the property and its skelatons by a) spending real time in it, looking at everything, not just the 2 x 15 minute viewings most people do and b) talking to neigbours, postman, kids in the street etc.

    Not a complete substitute for the official searches etc, but frankly replies to most Searches & Enquiries solicitors give each other are so standardised as to tell you almost zilch.
  • terryw
    terryw Posts: 4,396 Forumite
    First Post Combo Breaker First Anniversary
    GM, you are a man after my own heart! I concur absolutely with all you say.

    It is also a very good idea to visit the nearest pub during the day (quite an enjoyable task anyway!) and chat to the old boys there. They will tell you far more than the council searches as the old boys know the rumours and gossip as well as the aproved council plans. Also visit the proposed purchase area at all different times of the day and the week watching out for chavs, unsocial behaviour, parking problems etc etc.

    terryw
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • AdrianW2
    AdrianW2 Posts: 416 Forumite
    G_M wrote: »
    As has been said, they are dealing with so many purchases, and often rely on inexperienced clerks to do most of the work anyway

    This does seem to be part of the problem. Some of my solicitor's receptionists seemed to come from the same school as doctor's receptionists and have the same mix of arrogance and incompetence.
  • GDB2222
    GDB2222 Posts: 24,604 Forumite
    Name Dropper First Post First Anniversary
    I bought/sold about ten properties using Michael Joseph's book as a guide. It all went swimmingly. In the end, though, I started to use a local solicitor who is not too expensive and does a very thorough job.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • chickmug
    chickmug Posts: 3,279 Forumite
    terryw wrote: »
    Oh dear me Chickmug. Buyers are like hen's teeth at the moment, and you would seriously take action to cause a sale not to proceed? If I was the client of an agent like you I would take my busines elsewhere and report you to all and sundry.

    Would you care for me to tell you about all the !!!!-ups and delays and stupidity and libels that I have encountered with conveyancing solicitors over the years? I could write a book - if anything Michael Joseph (God bless him) understated the problem.

    terryw

    Sorry but after overseeing thousands of sale in my career I stand fully by my comments. All I would add is that when people said they intended to act for themselves we spoke to them at length to make sure they were sure and many crumbled at that point. Some started off and gave up an appointed a solicitor losing time.

    As I said it did reach a point where those that tried made cocks ups and had to appoint a solicitor and caused serious delays after which I took my hard line attitude. All my seller clients agreed.

    Look this is a public forum and I am telling you what the reality is day to day and good luck to those who can do it. But other posters must be made aware of an agents views.

    So let me make my point of view clear and you can make yours and then the readers can decide which way they want to go.

    PS I am no fan of many solicitors which we dealt with but didn't find the horrendous tales you say but that could be an area issue. Many who were poor were the 'cheapo' ones and conveyancers.
    A retired senior partner, in own agency, with 40 years experience in property sales & new build. In latter part of career specialising in commercial - mostly business sales.
  • terryw
    terryw Posts: 4,396 Forumite
    First Post Combo Breaker First Anniversary
    Thanks chickmug.

    We do disagree. Ok, you have seen thousands of sales but how many of these were where a DIYer was involved? Very very few I would imagine.

    Might I give just one example? The last house I sold was bog-standard registered terrace with no mortgage to repay. A doddle for the solicitor for the purchaser.
    But no, he starts by writing to his client stating that it is against the law for me to deal with the clerical procedures involved in selling my own house. What a load of old cobblers! Two points emerge here. Firstly, as a solicitor he has no knowledge of the law, particularly the part where he is meant to be an expert, secondly, terryw takes great exception to being called a criminal and lawbreaker when he reached the autumn of his life without a blemish to his name. I retaliated to the second point by letting the client know all about the said solicitors' delays as and when they happened with the net result that said solicitor has lost a client and the whole of the purchaser's particular community will not use him either.

    As delays continued, I took this up with the estate agent to chase him up. The estate agent bear in mind is acting for me, and whilst they were apologetic they were resigned to the fact that many solicitors (including this one) were very poor.

    Even at the last minute, the solicitor tried to deduct the estate agents' fee from the proceeds of sale! Cheeky begger! Told hin this was theft and I would report it to the police. It is for me to pay my own bills not for a solicitor supposedy acting for the purchaser to take this upon himself presumably to add another item to the bill.

    I can only reiterate that by DIYing you can keep in control and reduce the solicitors' nonsense and delays.

    terryw
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • chickmug
    chickmug Posts: 3,279 Forumite
    Hi terryw

    Not a case of disagreeing but most of my posts on this forum have been trying to help out especially against bad agents trying to rip people off on dodgy terms. Just trying to make poeple realise they need to think it (DIY conveyancing) through then ask the question can they do it.

    Also they may come across an agent like my firm - after all we are there to act in the sellers best interests not that it would appear all agents do on reading some of the posts.

    I fully respect your opinion and feel few agents would of been like my firm so it may not be that big a problem. Although I suspect some of the solicitors, where there is a chain, may have something to say. Also if there is a chain and the various agents check out all links there may well be resistance at other points in the chain. So it may/could cause problems so readers, of the forum, need to be aware - hence my words so far?
    A retired senior partner, in own agency, with 40 years experience in property sales & new build. In latter part of career specialising in commercial - mostly business sales.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    edited 22 May 2009 at 10:03PM
    chickmug wrote: »
    ...Although I suspect some of the solicitors, where there is a chain, may have something to say. Also if there is a chain and the various agents check out all links there may well be resistance at other points in the chain. So it may/could cause problems so readers, of the forum, need to be aware - hence my words so far?
    Solicitors, like many other professionals, don't like to feel their toes are being stepped on and that's more likely to be the reason for any resistance. I dunno, the barristers didn't like it when solicitors got to play more in the courts, the solicitors didn't much care for the legal execs snapping at their heels and then there's the licensed conveyancers and now little jonnny nobody thinks he can do a good job with the conveyancing without even a license to his name.......when will it all end?;)

    Seriously , I take your point Chickmug that there will some who *think* that they are up to doing their own conveyancing and they come unstuck but if someone prepares themselves properly there is every chance that they will be equally as efficient as your average local solicitor, if not more so.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    terryw wrote: »
    .
    Might I give just one example? The last house I sold was bog-standard registered terrace with no mortgage to repay. A doddle for the solicitor for the purchaser.
    But no, he starts by writing to his client stating that it is against the law for me to deal with the clerical procedures involved in selling my own house. What a load of old cobblers! Two points emerge here. Firstly, as a solicitor he has no knowledge of the law, particularly the part where he is meant to be an expert, secondly, terryw takes great exception to being called a criminal and lawbreaker when he reached the autumn of his life without a blemish to his name.
    The dear chap will have got himself in a muddle - deep within the dusty recesses of his mind will lurk partial recall of the Solicitors Act 1974, S22 which IIRC says that it is an offence for any unqualified person to "prepare a contract for sale or a transfer, conveyance or mortgage relating to land in expectation of fee, gain or reward". The key bit there is of course that you aren't paying yourself a fee when you do your own conveyancing. His concern will have been that he, as a solicitor, could not be seen to be aiding and abetting any such possibility:smiley:
  • chickmug
    chickmug Posts: 3,279 Forumite
    tbs624 wrote: »
    Seriously , I take your point Chickmug that there will some who *think* that they are up to doing their own conveyancing and they come unstuck but if someone prepares themselves properly there is every chance that they will be equally as efficient as your average local solicitor, if not more so.

    I do understand where people are coming from on this thread but on here I do report matters, as I have seen it, from my day to day work.

    Trying to think back over several years I can only remember one chap who did it himself and he was the seller. But I must say it went through without hitch.

    But I can remember so many more that caused problems. Readers on here need to take all opinions and make their decision if they feel brave enough but need to be aware of the issues surrounding that decision. It will save money but is not as easy as is made out for the average person.
    A retired senior partner, in own agency, with 40 years experience in property sales & new build. In latter part of career specialising in commercial - mostly business sales.
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