Conveyancing problem

mikeb29

Hi,

I've had an offer accepted on a house and I'm lokoing to start the local search as soon as possible to save time.

However, my solicitor says he cannot start this search without the draft contract (the vendor hasn't got a solicitor yet!!) - is this right?

Any tips on speeding up the house buying process?

Mike

RiskAdverse100

Complete rubbish.

If your solicitor is in funds for the search fee and you have instructed him to carry out the search then he is delaying things unnecessarily if he does not apply for the search.

All he needs is the address of the property and a plan.

Fine, he might not have a plan from the Seller's solicitors, but he should be able to get a copy via Land Registry Direct (the name of the internet connection to the Land Registry that conveyancers and other property professionals use) in minutes.

With the full address and postcode of the property, the name of the local authority (hardly a problem to find out), a plan and your cash to cover the fee he can apply for the search. What information will the contract contain that he won't have already?

RiskAdverse100

mikeb29

cheers - what about the local search? does that need the contract?

thanks for your help

mike

silvercar

He may want to wait until he has a draft contract so that you are not paying out for searches until you know your seller is incuring solicitor's costs connected to the sale.

RiskAdverse100

But this is not the impression given by mikeb29.

If he is keen to start the process off as soon as possible by getting searches dealt with now, and understands the possible risks of incurring costs now before the Seller has instructed a solicitor, then the solicitor must do as he is told!

RiskAdverse100

snickersgirl

Hi, im a conveyancing executive and in my firm its a practice that we would only institute a water board search without receiving the contract documentation.

If you were adamant then you could instruct your solicitor to institute the local search and they could get a plan from the land registry but it would cost you that couple pounds - why should you have to pay for a plan to do the local search when its the responsibility of the seller's solicitors to forward all this documentation to your solicitors.

mikeb29

thanks snickersgirl,

On the quote from my solicitor, I am paying an estimated £125 for the local search already... Can he proceed without the draft contract on that? I understand it could take a couple of weeks so every day counts!

snickersgirl

Hi mikeb
Without a plan they will be unable to put in hand the local search and the fee quoted is what the local authority charge for the search. You can instruct him to obtain a plan from the land registry in order for them to put the local search in hand but it will end up costing you a couple of pounds for the copy plan from the land registry. What area are you in as im in the north east and search results are taking normaly 7 - 10 working days to come back but southern councils do take longer. If you are getting a mortgage offer - is that to hand? Unfortunately some solicitors offices to work differently and do not issue any contract documentation to your solicitors until they have it all in which does cause a delay. If you are in touch with your buyers get on to them and the estate agents and tell them to push their own solicitors to foward the documentation to yours in order to get things moving as your solicitor is really stuck until the contract documentation is received.

RiskAdverse100

I don't understand the problem here.

Mikeb29 wants to move quickly. For the sake of a £2 Land Registry plan is it really worth waiting for paperwork to come in from the Seller's solicitors?

This could take weeks to arrive.

No, if mikeb29 wants to speed things up as much as possible and is happy with the risks his solictor should listen to him and get the search application off as soon as possible.

RiskAdverse100