Do we really need a solicitor to sell a property?

G_M

How can I get a 'new' solicitor when I don't have one to start with?

timmyt

G_M wrote: »

Solicitors use standard contracts. You can buy this from Oyez legal publishing.
Yes, you need to fill in the blanks carefully (make sure you spell your name right! Hard eh?), but this is not rocket science!

no they don't, and do NOT buy a contract from Oyez for goosness sake or we'll end up acting when it fgoes wrong, each law firm has their own contract which has had many hours of research into the most suitable Special Conditions. In fact so few conveyancers I come across even understahdn their own special conditions, so a layman will have no chance.

Some law firms have pages and pages and sone very few.

Such things as - Full Title Guarantee, indemnity covenants, when to impose the insurance risk, notice to complete fees, heck some firms even have a special condition where the seller does not warrant plans!

such a very bad idea to DIY for all the above reasons. All you are doing is:

1. making the Buyr's lawyer charge the Buyer more fees as they do your work/guide you through
2. demonstrate that if you are cheap at handling the legals on such a massive asset value, where else in the property have you been cheap.

Seen it all go pear shaped, and yet, people attempt it, and are none thw wiser for warranties they end up giving where a solicitor would have protected you and not allowed you to have worded t in such a way.

good luck OP

G_M

Methinks the solicitor doth protest too much!

sonastin

timmyt wrote: »

In fact so few conveyancers I come across even understahdn their own special conditions, so a layman will have no chance.

I can not understand it for free, why should I pay my solicitor a lot of money to not understand it?!

How much would it cost to get someone who does understand the contract?

timmyt

sonastin wrote: »

I can not understand it for free, why should I pay my solicitor a lot of money to not understand it?!

How much would it cost to get someone who does understand the contract?

In my view, you could do worse than seeking an actual 'conveyancing solicitor' with at least 6 years or more expereince to be sure they understand their own contract - and to advise on the one they might accept on a purchase. Pop quiz many conveyancers with the following and they usually fail:

- what does full title guarantee mean
- when to impose on a buyer the insurance risk on exchange
- 'contract rate'
- when to impose an indemnity covenant
- when one of two 'tenant in common' co-owners dies, is probate needed to sell a property?
- should a contract have a clause saying 'the seller does not warrant any plan'
- should the deposit be held as stakeholder or agent

The list goes on.

Voyager2002

I thought the same when it was time to sell my property. However, if you shop around and 'haggle' a bit you can find a cheap solicitor. An awful lot of the money that you pay for conveyancing is actually "disbursements", fees that are just the same no matter who does the job. The amount that I would have saved on solicitor's fees was not large enough to justify the time and effort involved in doing it myself.

timmyt

business_man wrote: »

Buy cheap buy twice.

Cheap solicitors simply dont do the job. It might be ok for a once in 10 year user, but when it comes to business, you simply cant.

Any solicitor worth his salt, will

a. not agree to a fixed fee. every conveyancer does, or they'd get no work, clients demand it, that is the modern age...hourly rates are becoming a thing of the past
b. will not be desperate for you job.

alwys get an actual solicitor/legal executive )with 10 years property expereience minimum), but so many people fail to, which means I will keep posting.

if we all used a conveyancing solicitor in a Lexcel approved firm conveyancing standards would rise ten fold over night.

but instead people choose to use 'case handlers' and ask n questions about who are these people, headset wearing monitor readers who you feel have just come off their day job scannign groceries, "I need a supervisor (i,e someone who knows the law) to sign off on everything" outfits....and get charged the same or more than a conveyancing solicitor.

how people are convinced not to just ask some questions about the conveyancer that is acting for them. 'suckers' would not be the pc word, but hard not to think it of some people, and it is a pity for them as they are duped into taking the recommedation of some 'we get massive cash back from these conveyancers' estate agents who refer you to another county half the time for the conveyancing.

PM me when you want to choose a conveyancing outfit and I will check out their website and list the questions you should ask of them. not a problem

timmyt

business_man wrote: »

Do you undertake commercial conveyancing?

no, not as challenging.