Being your own solicitor

smevans

I seem to remember stumbling across a link somewhere to a book that detailed how to do all the conveyancing during a house sale/purchase but I cannot for the life of me remember who wrote it or what it was called.

Is anyone aware of any such book and were you then able to successfully complete the deal as a result ?

sonastin

Unless you have some experience in the field and/or you're absolutely sure that it is a truly bog-standard bread-and-butter no-surprises transaction, I wouldn't recommend doing your own conveyancing. There are a fair few hoops to jump through and if you miss one, putting it right could cost you a lot more than the few hundred £ solictors fees that you save

smevans

Thanks, I know it will be complex but I am intregued by the whole thing and would like to read up about it.

LandyAndy

May be something for you here.

https://forums.moneysavingexpert.com/discussion/1704885

timmyt

smevans wrote: »

I seem to remember stumbling across a link somewhere to a book that detailed how to do all the conveyancing during a house sale/purchase but I cannot for the life of me remember who wrote it or what it was called.

Is anyone aware of any such book and were you then able to successfully complete the deal as a result ?

it was a joke book. don't attempt it, you make the whole thing go slower, you bump up the costs of the other side, and you look cheap and suggest what else have you been cheap about with the house

sonastin

timmyt wrote: »

it was a joke book. don't attempt it, you make the whole thing go slower, you bump up the costs of the other side, and you look cheap and suggest what else have you been cheap about with the house

but no harm in getting the book to understand more about the process if you're getting a professional to do the hard work! Its easier for solicitors to deal with people who understand what they are trying to do...

timmyt

sonastin wrote: »

but no harm in getting the book to understand more about the process if you're getting a professional to do the hard work! Its easier for solicitors to deal with people who understand what they are trying to do...

you will just get in the way, and if i was buying from you, I'd have to tell my clients to expect a third or 50% higher fee. you'd be asked to pay it...so no real saving. you'd still need to consult a lawyer to pay off any mortgage.

conveyancing is not easy, and you give contractual statements all over the place...sued at any point, and who will advise you not to say something!#

good luck:(

RobertoMoir

Isn't there a saying about how a person acting as their own solicitor has a fool for a client?

This is like the urban legend of the guy who tied a jet engine to the back of their car - everything goes fine until the first time you hit a bump then you're straight off the road and out of control.

I also think there's something to be said for having someone who isn't emotionally invested in the result looking at the details for you... in fact I wonder if solicitors do their own conveyancing or if they get a colleague to do it?

G_M

timmyt wrote: »

it was a joke book.

Since the OP does not name the book I fail to see how you can know.

There are several books on the subject, and yes, getting a good understanding of the subject is an admirable idea for anyone buying or selling property.

Actually doing the conveyancing yourself is contentious. Perfectly possible, though most professionals (solicitors, estate agents etc) will advise against it. So will many others even those who regularly buy/sell.

However I have done it several times, both on purchaes and sales, and never had problems. Indeed I tend to be faster than solicitors as I respond to queries/letters and complete documents same or next day, whilst a busy solicitor is dealing with many clients and therefore has a workload to manage.

There are obviously many caveats: You must be reasonably intelligent, have good attention to detail, be thorough, and be ready to devote time. You need a good source of information.

But in essence most conveyancing is just a series of tasks, checks and processes.

If complications arise, you need to recognise them and go to a specialist, but they rarely do.

Leasehold is more complex than freehold.

If there are covenants, they may be simple, easy to understand, or they may present problems and require a specialist.

Mortgages can not be done on a purchase (your lender will appoint a solicitor to draw up the mortgage deedn- so the cost-saving of DIY conveyancing on a purchase is minimul where there's a mortgage). And selling where there's a mortgage is problamatic too, due to the necessity to redeem the mortgage before Completion, unless an undertaking to redeem after Completion is given - something you as Joe Public cannot do but a solicitor can.

The original classic was 'The Conveyancing Fraud' 1976 - now very out of date even though there are updated versions.

There's also a 'Which' guide, and Paul Butt has also produced a guide.

Your local library may have these, or others.

DIY conveyancing is perfectly legal. It is illegal, however, to charge a fee to do it for someone else unless you are qualified.

timmyt

G_M wrote: »

Since the OP does not name the book I fail to see how you can know.

There are several books on the subject, and yes, getting a good understanding of the subject is an admirable idea for anyone buying or selling property.

Actually doing the conveyancing yourself is contentious. Perfectly possible, though most professionals (solicitors, estate agents etc) will advise against it. So will many others even those who regularly buy/sell.

However I have done it several times, both on purchaes and sales, and never had problems. Indeed I tend to be faster than solicitors as I respond to queries/letters and complete documents same or next day the delay is in lawyers having to guide the way all the time. ID to satisfy the Land REgistry is an issue - you might save something but you force the other side to do your professional work at their/your expense , whilst a busy solicitor is dealing with many clients and therefore has a workload to manage.

There are obviously many caveats: You must be reasonably intelligent, have good attention to detail, be thorough, and be ready to devote time. You need a good source of information.

But in essence most conveyancing is just a series of tasks, checks and processes. gibberish. the paperwork is the easy bit that ven lawyers like. its the complicated bit that lawyers get paid to do - title deeds can be highly complex, particularly the documents that title in turn refer to, knowing where local authority cosents might be needed, or where access or easements are needed - covenants are not for the layman, and most importantly, one is not personally insured for the full purchase price and the chain above if you get something wrong.

conveyancing is a mine field. it is one of (if not the) highest areas of negligence due to even lawyers getting it wrong

If complications arise, you need to recognise them and go to a specialist, but they rarely do.

Leasehold is more complex than freehold.

If there are covenants, they may be simple, easy to understand, or they may present problems and require a specialist.

Mortgages can not be done on a purchase (your lender will appoint a solicitor to draw up the mortgage deedn- so the cost-saving of DIY conveyancing on a purchase is minimul where there's a mortgage). And selling where there's a mortgage is problamatic too, due to the necessity to redeem the mortgage before Completion, unless an undertaking to redeem after Completion is given - something you as Joe Public cannot do but a solicitor can.

The original classic was 'The Conveyancing Fraud' 1976 - now very out of date even though there are updated versions.

There's also a 'Which' guide, and Paul Butt has also produced a guide.

Your local library may have these, or others.

DIY conveyancing is perfectly legal. It is illegal, however, to charge a fee to do it for someone else unless you are qualified.

don't do it, you expose yourself, and you delay the chain.

sonastin

timmyt wrote: »

don't do it, you expose yourself, and you delay the chain.

Don't do what? Read a book and understand what your lawyer is trying to do? You sound like you want to keep conveyancing as a black art so that you can scr*w your clients for as much money as possible.

I agree that conveyancing should be done by the solicitors but the OPs post was about finding out more about what the process involves and I really don't see any harm in that, provided he is getting himself a solicitor to lead the way.