What should I expect of my solicitor?

captainpants

Hi there

I have recently changed solicitors (just after the the offer was made) due to the first solicitor (who came recommended by someone I know) being utter pants. no communicatin whatsoever and then had the cheek to ask me, when I dumped him, what other solicitors in london were charging 'just out of interest'. (he was based out of london)

As a FTB I have no idea what I need to be asking my solicitor for and would like some advice so I can push him for information, if he turns out to be not-so-great either. I really can't be !!!!!d changing solicitors a third time (and i'm worried it will make us look flaky to the vendor) so I figure if I'm more knowledgeable about the process then at least one of us is being effective.

The EA said that the vendor's solicitor is sending over the paperwork by Monday.

What paperwork is this?
Do we get the HIP as a matter of course?
Should I be demanding the EPC upfront or does that come later in the process?
Should my solicitor be getting onto the Land Registry searches pronto or waiting for paperwork from the other side first?
What else should my solicitor be doing for me in terms of searches, paperwork etc?

I'm a legal secretary (not property, unfortunately) so I'm used to nagging lawyers - I just need to know what to nag our solicitor about!

The overall situation is that our first offer was accepted but we are revising it based on the building survey that was done last week but haven't yet made the revision to the vendor's solicitor. I'm being optimistic about the revised offer being accepted (if it is, we are lucky to be able to pay cash but if it isn't then it's hello-mortgage time)

I have had a building and damp/timber survey done but am holding off on other surveys until the mysterious paperwork comes through.

Any advice gratefully received.

timmyt

you nag your lawyer and he will put your file to the bottom of the pile. FACT.

make sure you employ a 'solicitor' or you will get pants. SO don't go cheap. Then let them get on with it, as you sound like a bossy client who thinks they now how any discipline of lawyers act. Don't be high maintenance, or they might fire you as a client!

captainpants

Hi Timmyt - I may sound a lot bossier here than I am actually. I have only called the solicitor once since instructing him and I don't want to be the kind of client who rings every few days to check on progress. As someone who fields those kinds of calls myself I know how annoying that is.


I think you maybe misread my post - Although I work with lawyers I have no idea how conveyancing works hence me posting here to find out a bit more and what my expectations should be.

So any constructive comments would be appreciated, thank you

geoffky

let them get on with it..i called mine about every two weeks just to get a update,,, what can you do that they can not do apart from pay them...sit back and relax.

captainpants

ok thanks geoffky - i'll try to relax. it will take many bottles of wine.

Littlebutterfly_2

Personally, I don't think you sound 'high maintenance' maybe it's a bloke thing to think that asking questions defines you as that...I only wish that the vendors that I'm buying from would be as on the ball as you are and then my Solicitor (a woman) wouldn't have to keep hassling them to answer questions.
Mebbies you should get a woman solicitor...bet she'd 'get' it...

G_M

captainpants wrote: »

The EA said that the vendor's solicitor is sending over the paperwork by Monday.

What paperwork is this? the draft contract gets passed across for legal review/approval, standard questions and answers get passed back and forth. You will be given all this in due course
Do we get the HIP as a matter of course? HIPs no longer exist.
Should I be demanding the EPC upfront or does that come later in the process? The EA should have the EPC. ask for it.
Should my solicitor be getting onto the Land Registry searches pronto or waiting for paperwork from the other side first? Yes, but unless there is a special hurry just let him get on with it
What else should my solicitor be doing for me in terms of searches, paperwork etc? There are a whole range of searches - some are essential, some are optional, some will be required by your mortgage lender if you are getting a mortgage. Your solicitor will also need to liaise with the Lender if you are getting a mortgage.

Chill out. Conveyancing takes time - it's always slower than buyers/sellers expect/want. Let your solicitor get on with this. He does it all the time! However there is nothing wrong with phoning for an update, or an explanation, or to discuss which searches he recomends and why.

Despite what Timmy says, your solicitor works for you, so should answer to you. Don't be scared of him. And if he DOES seem to have " put your file to the bottom of the pile. FACT.", then call every day till he gets his...... file out!

timmyt

G_M wrote: »

Chill out. Conveyancing takes time - it's always slower than buyers/sellers expect/want. Let your solicitor get on with this. He does it all the time! However there is nothing wrong with phoning for an update, or an explanation, or to discuss which searches he recomends and why.

Despite what Timmy says, your solicitor works for you, so should answer to you. Don't be scared of him. And if he DOES seem to have " put your file to the bottom of the pile. FACT.", then call every day till he gets his...... file out!

don't do that, or your fees will go through the roof. one call maybe every week or maybe 10 days, more frequent and they total up to extra charges. most lawyers wont hesitate to charge more.

timmyt

Littlebutterfly wrote: »

Personally, I don't think you sound 'high maintenance' maybe it's a bloke thing to think that asking questions defines you as that...I only wish that the vendors that I'm buying from would be as on the ball as you are and then my Solicitor (a woman) wouldn't have to keep hassling them to answer questions.
Mebbies you should get a woman solicitor...bet she'd 'get' it...

there is no 'get it' there is just the conveyancing, and for it to be done asap, as clients always forget, lawyers wanbt exchnage asap too, as that is when they are guanarteed heir fee.,

problem is on a sale, the selling lawyer is always ready, unless the buyers have asked difficult questions and the lawyer is out of their depth to answer them - that is usually the northern bucket shop conveyancers - or the Buyer who gets the legal paperwork but delays reviewing it.

Littlebutterfly_2

timmyt wrote: »

there is no 'get it' there is just the conveyancing, and for it to be done asap, as clients always forget, lawyers wanbt exchnage asap too, as that is when they are guanarteed heir fee.,

problem is on a sale, the selling lawyer is always ready, unless the buyers have asked difficult questions and the lawyer is out of their depth to answer them - that is usually the northern bucket shop conveyancers - or the Buyer who gets the legal paperwork but delays reviewing it.

Can't agree in our case; it's the sellers solicitor causing all the delays...our questions are standard stuff that the seller should have had ready to answer...so thick are their solicitors that our Sol ended up having to send them over forms as they kept sending the wrong ones back time and time again.

What I meant by a woman 'getting' it is the fact that (and surely men understand this too!) that women want stuff DONE or they want to know WHEN you will do it...same principle here...let us know what's going on...whereas most blokes are happy to let stuff float along and assume everything is going okay on the basis no one has told them otherwise...:rotfl:

G_M

timmyt wrote: »

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don't do that, or your fees will go through the roof. one call maybe every week or maybe 10 days, more frequent and they total up to extra charges. most lawyers wont hesitate to charge more.

If you've got any sense you've agreed a fixed fee for your conveyancing, so adding on call charges doesn't come into it. I certainly wouldn't instruct Timmy to act for me if he was going to charge on a per hour/per call/per anything basis.

Obviously calling daily for no real reason is pointless and will p*ss the solicitor off, but if you've called, discussed an issue, agreed he'll call back next day with the answer or to advise you of Exchange date whatever, and he doesn't call - then yes, hastle him!

I'm with Littlebutterfly on this - though I don't think it's a male/female thing. I'm a bloke, but I too " want stuff DONE or they want to know WHEN you will do it"