Problem with buyers conveyancers

haddock22

Ive just found a buyer for my house and intend doing my own conveyancing(have done this 3 times before) but have just been informed by my estate agent that my buyers conveyancer have told them that my buyers mortgage company do not want them to talk to me as they want me to use a solicitor.Can they do this as i dont really want to use a solicitor/conveyancer but dont want to lose the sale?

chickmug

I am sorry to say but as an EA I have seen nothing but trouble when sellers, or buyers, say they will do their own conveyancing. I have seen those who have given up and appointed a solicitor. I have known cases where buyers cocked up badly so when they eventually resold long delays were caused putting right the results of their original !!!! up.

Again I an sorry but if a buyer says they will do their own conveyancing I recommend to the seller not to take the offer unless the buyers uses a professional.

If a seller tells me they are doing their own I have to suffer it and usually there is some suffering.

haddock22

Sorry that your experience has been so negative. We have smoothly and successfully completed our own conveyancing as both seller and buyer and had mixed issues with estate agents and solicitors regarding protection of their turf and profits.

Obviously the situation will depend upon any legal complexities but I don't think people should be deterred from acting for themselves if they do their research properly. There are publications that provide detailed information on what is involved, proformas, where to buy legal documents etc.

chickmug

Haddock

Like eveything in life there are exceptions and I sorry for saying how it is day to day in the business. Not being negative but realistic and protecting my clients best interests.

But good luck to you.

Ian_Griffiths_Halifax

I had a client who insisted on doing his own conveyancing when he did a purchase. Fortunately thre was no mortgage involved as we remortgaged his main residence to raise the cash, but this came with free legals.

When the client and his wife separated a few years later, it was agreed that she would get the house he'd done the conveyancing on. Needless to say, there were major complications as, if I remember correctly, he hadn't even registered the property in his name.

I now wouldn't do a mortgage, whether it's a remortgage or a purchase, for a client if they were going to do their own conveyancing. If a mortgage is involved, then the lenders would insist on their solicitor being involved anyway.

GDB2222

Haddock, is your house mortgage-free?

BTW, in this market, a buyer is a good thing to have, so I would give in.

Catti

Haddock,

The main problem in dealing with an unqualified conveyancer is that, between Solicitors, certain 'undertakings' can be given which are legally binding on them no matter what. This relates to how contracts are exchanged and covers repayment of outstanding mortgages etc. An undertaking from an unqualified conveyancer is meaningless so would put major stumbling blocks in the process. There are ways around this - you could, for example, find a solicitor who would simply handle the redemption of your mortgage and not the whole transaction. The buyer's solicitor could then accept an undertaking from him, provided of course that the sale proceeds were handled via that solicitor.

Richard_Webster

The main problem in dealing with an unqualified conveyancer is that, between Solicitors, certain 'undertakings' can be given which are legally binding on them no matter what. This relates to how contracts are exchanged and covers repayment of outstanding mortgages etc. An undertaking from an unqualified conveyancer is meaningless so would put major stumbling blocks in the process. There are ways around this - you could, for example, find a solicitor who would simply handle the redemption of your mortgage and not the whole transaction. The buyer's solicitor could then accept an undertaking from him, provided of course that the sale proceeds were handled via that solicitor.

That's one problem. Another is ID. When a solicitor provides a transfer deed purportedly signed by the seller the buyer's solicitor is entitled to rely upon the seller's solicitor's warranty that he actually acts for the person who owns the property in question.

If the individual is concerned then as a buyer's solicitor I would have to establish that the seller was who he said he was and because of the problem of undertakings the seller would have to be physically present when exchange of contracts and completion took place. That in practice means the seller has to come to my office in person. If he insists that as he is selling I have to go to him, then I would have to charge my buyer client a whole lot more for the time out of the office and travelling (or for instructing a solicitor agent near seller) and the buyer client would no doubt want the seller to pay the extra!

I have dealt with a cash purchase for a client where the seller and the property were 60 miles away from me, and the seller acted in person and made two trips to see me (and did some shopping in Southampton as well).

haddock22

Ironically, I had the solicitor phone me this morning saying my estate agent had miscommunicated what she had said to him.She was pointing out to my es that if I had a mortgage then as other people have said I would need a solicitor to represent me.As I dont have a mortgage on the property then this isnt an issue and she is happy to deal with me.So as has been said there are good and bad professionals in the property market and unfortunately communication skills are not always apparent in the best of estate agents!

sdooley

One of the beauties of the English system is that you can just go off on your own and draft your own will, do your own conveyancing, litigate in person all the way to the House of Lords.

Doesn't necessarily do you any good, but I think it keeps lawyer's fees relatively modest (ok both buyer and seller have to pay solicitors here for a sale but the fees are about a fifth of those of a notary in most EU countries).