Role of Solicitor advice please.

lindos90

We have instructed our solicitor on our sale and purchase. Its early days but Im getting the feeling he is just doing the minimum, not really advising or drawing our attention to things.

Im wondering if my expectations are too high, or if the solicitor is simply not working on my behalf as much as he should be.

I'll give you just one example:

Vendors fixtures and fittings list and property information questionnare (PIQ) sent to me via his, and my solicitors, but most of it had been left blank, so it is unclear what is, and what is not included, and there were several contradictions.

I emailed my solicitor asking to discuss issues raised in F&F list and PIQ that I was not happy with BEFORE contacting the vendors solicitors, as I felt it was very important to get some legal advice before contact with the vendors side was made.

Didnt hear anything for 2 weeks, emailed my solicior and got an email back saying they had forwarded my email to the vendors solicitor and was waiting to hear back.

Firstly, should my solicior have looked at the F&F list before sending it to me. Seeing for himself that it was incomplete, should he have sent it back himself saying it was not filled in completely/accuratley.

Secondly, after i specifically requested some discussion and advice about issues raised in the F&F list and the property information questionnaire, Im annoyed that he just simply forwarded my email for the vendors solicitors attention. It feels that any corispondance I have with him may now not be confidential between him and myself.

I now feel that he will not draw my attention to anything, such as a clause or restriction, problem with boundary etc etc, and that i will have to double check everything myself.

Is this usual?

DVardysShadow

Unusual or lazy to forward clients email, and totally out of order if you were requesting advice rather than commenting on F&F.

As for F&F itself, probably normal to forward to you without comment. The issues with this are not so much legal as practical, in that you and the vendor are the ones to agree this - the solicitor has no role apart from postbox until incorporating the agreed F&F into the contract.

lindos90

DVardysShadow wrote: »

the solicitor has no role apart from postbox until incorporating the agreed F&F into the contract.

Thanks for your reply.

I wanted his advice as the F&F list excluded items that were included in the EA particulars, and I asked if this was acceptable, if it was the EAs or Vendors who had misrepresented what was included.

I also asked if it was acceptable to leave the list with so many blanks. (I assume that each box needs a tick a cross or a N/A so there is no misunderstandings)- I would have thought he could have given advice about this?

The PIQ had several contradictions within the document, which also contradicted what the vendor had told us verbally. One example being boundary responsibilies.

I asked for clarification with the title deeds 'map' as I believe this shows the responsibility, and whether the PIC needed to be amended to show what the responsibilities actually are.

Tom25

Should not be like this, but afraid I have experienced this too - suspect it is quite widespread. I get feeling most just want a simple transaction, not keen to raise or highlight any concerns, and not keen to offer advice, they just go though the motions.
You (like me)are also stuck in position to decide if you should complain or not, but this is difficult because you don't want to sour the relationship right? That's why think it is important to find a good solicitor, but not found one yet.

lindos90

Tom25 wrote: »

Should not be like this, but afraid I have experienced this too - suspect it is quite widespread. I get feeling most just want a simple transaction, not keen to raise or highlight any concerns, and not keen to offer advice, they just go though the motions.
You (like me)are also stuck in position to decide if you should complain or not, but this is difficult because you don't want to sour the relationship right? That's why think it is important to find a good solicitor, but not found one yet.

Hi Tom, your post has just hit the nail on the head, just how it feels.
I did try to research local solicitors, but found no reviews, and dont know anyone who has moved recently, to get any recommendations.

In the end, and to my better judgement we were 'encouraged' to go with the solicitor recommended by the EA, as I was told that if we went with the same firm as our buyers and sellers it could 'speed up the process'. Not wanting to be blamed for every little hold-up or delay, I caved and now everyone in the chain is with the same practice and I feel a right mug!

Well you live and learn, but whose to say that another solicitor would be working any better for me, you just dont know until you are signed up with them and start the process!

keith969

Is he acting on a fixed price contract? If so, maybe he wants to do the bare minimum in order to minimise his costs.

Your best bet is to put in writing a set of questions you have about the F&F and PIQs e.g. 'Is the XYZ in the kitchen included in the sale?' and ask him to confirm your questions with the vendors solicitor. I wouldn't trust email - I always communicate in writing with my solicitor.

Richard_Webster

I wanted his advice as the F&F list excluded items that were included in the EA particulars, and I asked if this was acceptable, if it was the EAs or Vendors who had misrepresented what was included.

Normally a buyer's solicitor wouldn't get deeply involved in the details of a FF List because the points involved are not legal. However in this particular case it is a fair enough point for the buyer's solicitor to take up with the seller's solicitor, that certain items were alleged to be included and the buyers made their initial offer on that basis, so why have the goalposts now changed?

I also asked if it was acceptable to leave the list with so many blanks. (I assume that each box needs a tick a cross or a N/A so there is no misunderstandings)- I would have thought he could have given advice about this?

Depends upon the kind of list used. If there is a space for "curtains in the fourth bedroom" and there is no fourth bedroom, nobody is going to be confused if this is left blank.

The PIQ had several contradictions within the document, which also contradicted what the vendor had told us verbally. One example being boundary responsibilies.

I asked for clarification with the title deeds 'map' as I believe this shows the responsibility, and whether the PIC needed to be amended to show what the responsibilities actually are.

Unfortunately a lot of people cannot remember if there are any particular boundary responsibilities, and if so, what they are. In a lot of cases there is nothing in the Land Registry entries or "deeds" to show who is responsible for which boundary.

There are a lot of old wives tales around about boundaries - like "you are always responsible for the left hand boundary - or the right hand one...." So it is commonly the case that the sellers don't really know, or get things mixed up when they fill in the forms. If there is some definite information in the "deeds" or Land Registry entries then your solicitor will tell you. In this connection rely on what your solicitor says, because he should report to you on that point when you get the pre-contract report and in the meantime, does it really matter? I wouldn't worry about inconsistencies of this kind, because they crop up all the time.

Fire_Fox

I have found it useful to chase up conveyancing solicitors on a weekly basis, either to keep them or the vendor's counterparts on their toes. Obviously you need to be polite, just asking what progress has been made or if there is anything you need to be doing (sometimes chasing estate agents has an effect). Good solicitors usually copy you in on any chasing letters to the other side so that you can be confident it isn't your side being slow.

tek-monkey

I have no idea how solicitors normally act, as this is my first purchase, but mine is in constant contact. Had a call today to chase up the surveyor as she can't find his number, as she's unhappy with his report and wants more information from him. I passed that on and she's calling him this afternoon.

One thing I was highlighted from the start though, from numerous friends, is that this firm deal soley in property.Perhaps that is why they are more on the ball?

lindos90

Richard_Webster wrote: »

Depends upon the kind of list used. If there is a space for "curtains in the fourth bedroom" and there is no fourth bedroom, nobody is going to be confused if this is left blank.

Agreed, but im talking about all the rooms that do exist!!

Richard_Webster wrote: »

...in the meantime, does it really matter? I wouldn't worry about inconsistencies of this kind, because they crop up all the time.

The fence all along one side is in need of urgent repair, The homebuyers survey has highlighted it as an urgent repair and we saw it at the viewing.

The vendor said she felt the neighbour might 'help us out toward the cost a bit if we asked them nicely'.

In the PIQ the vendor said this side was a shared boundary, but then also in the same document said that they were not aware of any shared boundaries with neighbours!.

Either they are very thick and dont understand the form, or messing us around, but due to the repair issue, it is important for me to know boundary responsibility.

If the fence was in good order, I would be interested for future reference, but it would not be as important at this stage.

See where im coming from?