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Nominating a Solicitor
chopsticks
Posts: 1,252 Forumite
Hi,
We have just accepted an offer on our house. However, although we are looking, we haven't found anywhere to buy yet.
The buyer of our house is aware of this, and is happy to wait (whether they'll still be happy in 3 or 4 months if we still haven't found anywhere will be another story :cool:!).
The estate agent selling our house has today phoned me asking the name of our solicitor, to which I responded that we haven't instructed one yet, as we don't want to spend any money until we have found a house and want to proceed. The estate agent then said "I can't send out the offer letter to you unless you name a solicitor". I was at work, so told him I'd look into it today and get back to him tomorrow.
DH has spoken to a few solicitors today to get an idea of cost, and all seem to want a fee of around £200 up front (which will then be taken off the final bill).
My questions are:
1) is there a legal requirement for the estate agent to know the name of our solicitor in order to send out the offer letter?
2) if there is a legal requirement, is it likely/possible that a solicitor will allow themselves to be named on the offer letter but not take a payment until we're ready to proceed?
The reason we're against making a payment now is in case we can't find anywhere to move to (we're looking for our "forever" home, so have quite a specific list of requirements) and/or the buyer decides not to wait for us and go elsewhere.
We have just accepted an offer on our house. However, although we are looking, we haven't found anywhere to buy yet.
The buyer of our house is aware of this, and is happy to wait (whether they'll still be happy in 3 or 4 months if we still haven't found anywhere will be another story :cool:!).
The estate agent selling our house has today phoned me asking the name of our solicitor, to which I responded that we haven't instructed one yet, as we don't want to spend any money until we have found a house and want to proceed. The estate agent then said "I can't send out the offer letter to you unless you name a solicitor". I was at work, so told him I'd look into it today and get back to him tomorrow.
DH has spoken to a few solicitors today to get an idea of cost, and all seem to want a fee of around £200 up front (which will then be taken off the final bill).
My questions are:
1) is there a legal requirement for the estate agent to know the name of our solicitor in order to send out the offer letter?
2) if there is a legal requirement, is it likely/possible that a solicitor will allow themselves to be named on the offer letter but not take a payment until we're ready to proceed?
The reason we're against making a payment now is in case we can't find anywhere to move to (we're looking for our "forever" home, so have quite a specific list of requirements) and/or the buyer decides not to wait for us and go elsewhere.
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Comments
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My solicitor has agreed to be paid out of the esate once it has been sold, with no upfront fee paid at all.
Not sure about the EA not sending out the offer letter because of no solicitor being instructed, Im sure one of the more experianced members will be able to explain.
One of the first things my EA asked for was my solicitors details when an offer came in.0 -
Why not say you will be acting for yourself - ie you will not be using a solicitor but doing the conveyancing yourself.
This is perfectly legal, it only becomes illegal if you do it for someone else for a fee without being qualified. There are plenty of books in the library showing you how to do the job.
The EA will then send you TWO sets of documentation about the offer: one to you as 'seller' and one as 'conveyancer'.
You can then appoint a solicitor at a later date and inform the EA and buyer you've changed your mind about doing it yourself.
ps - when you DO start getting quotes from solicitors, compare carefully as advised here.0 -
1. don't act for yourself, as you will be unable to give undertakings throughout, which means employing a solicitor to redeem your mortgage, and completing an ID form (ID1)
2. the EA is wrong to need a lawyer to send out an offer letter. What they mean is thy need to send our their Memorandum of sale to your lawyer to get the deal underway. There is no urgency, though will your buyers wait?
3. paying upfront for a sale. Sure £200 on account of searches on a purchcase, but not on a sale. NO expendiure is needed on a sale, possibly £8 for new official copies of title.
Good luck OPMy posts are just my opinions and are not offered as legal advice - though I consider them darn fine opinions none the less.:cool2:
My bad spelling...well I rush type these opinions on my own time, so sorry, but they are free.:o0 -
This isn't a matter of law about what should go on agents' memoranda of sale but more of practicalities.
A buyer wants to know he has "got" the property so he wants something in writing. The seller may be not wanting to be too committal because he is not sure he will find quickly.
In practice I can't see the problem. Seller gets estimate from a number of solicitors and decides which one he will eventually use if the matter proceeds. He tells the agents which one it is. Agent puts details on his memorandum of sale and sends it out. Seller doesn't contact solicitor further. Solicitor gets stuff from agent and writes to seller who replies to the effect that he doesn't want to instruct solicitor yet because he hasn't found anything to buy yet, also tells agent this.
Logically nothing much can happen until the seller has found something to buy.
Some buyers, even though they have been clearly told the position, think that there is a problem because their solicitor hasn't heard anything. Somehow, they think things will move faster if their solicitor gets some papers from the seller's solicitor - but in fact they won't because if the papers were sent out, the buyer would be sat waiting further down the track for the chain above to come together.
Nevertheless some buyers simply can't understand this, so if I have a seller taking this view, I generally tell him that whilst I can understand the position he is taking, which is perfectly logical, it may be necessary for him to instruct me to do something simply to keep the buyer happy, even though we all know it won't make any difference in the long run!RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
1. don't act for yourself, as you will be unable to give undertakings throughout, which means employing a solicitor to redeem your mortgage, and completing an ID form (ID1)
2. the EA is wrong to need a lawyer to send out an offer letter. What they mean is thy need to send our their Memorandum of sale to your lawyer to get the deal underway. There is no urgency, though will your buyers wait?
3. paying upfront for a sale. Sure £200 on account of searches on a purchcase, but not on a sale. NO expendiure is needed on a sale, possibly £8 for new official copies of title.
Good luck OP
Read my post.
1) I did not not advise the OP to act for himself, just to use that as a mechanism to get the EA to send out initial documentation.
2) Some buyers can/do act for themselves ( I have several times). Nothing wrong with that as long as you know what you're doing and what the risks are. (I sometimes fix my own car too, even though I'm not a mechanic!).
3) You're right about undertakings re mortgage, though we have no information as to whether the OP has a mortgage to redeem.
4) A solicitor/Licenced Conveyancer has to do an ID check on their client. A buyer/seller acting for themselves does NOT need to do an ID check.
You did get a couple of other points right though. :T0 -
Read my post.
1) I did not not advise the OP to act for himself, just to use that as a mechanism to get the EA to send out initial documentation.
2) Some buyers can/do act for themselves ( I have several times). Nothing wrong with that as long as you know what you're doing and what the risks are. (I sometimes fix my own car too, even though I'm not a mechanic!).
3) You're right about undertakings re mortgage, though we have no information as to whether the OP has a mortgage to redeem.
4) A solicitor/Licenced Conveyancer has to do an ID check on their client. A buyer/seller acting for themselves does NOT need to do an ID check.
You did get a couple of other points right though. :T
G_M I am right about everything, I am a solicitor in this area.
Why are your posts often aggressive? Let's help OPs. Attacks are boring.My posts are just my opinions and are not offered as legal advice - though I consider them darn fine opinions none the less.:cool2:
My bad spelling...well I rush type these opinions on my own time, so sorry, but they are free.:o0 -
:rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl:G_M I am right about everything,0
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