Contracts for property purchase & Solicitor

Ms_Sophia

Hello all.
We got our offer accepted on buying a property, and I instructed a solicitor. We agreed he'd inform us as soon as he gets the contracts from the vendor. I haven't heard from him for 4 days, have checked in today via email, and he's replied that he actually already received the contracts 2 days ago and "has been through most of them". Now asking for us to transfer the money to do the searches.

Apologies if it sounds as a silly question... but why is the solicitor not sending the contracts to us, so we can read thru them and see if we are happy with them, or if we got any questions etc. Is it normal?

Also, is it ok that it takes him 2 days to go thru the contracts and he's not even finished in 2 days?

middlecat

I am going through the same thing too.

I originally thought that the solicitor will send me the contract once he received a copy from the vendor's solicitor so that I can review and comment on it. 4 weeks down the road, they still haven't sent it to me. Apparently, they will wait for the searches to come back, review everything, make changes to the draft contract before sending the whole pack to me.

Is that normal?

Also, I don't understand why they do not use emails and Microsoft Word track changes. It sounds like the vendor's solicitor has sent my solicitor a hard copy and the typist has to type everything out again incorporating the changes!

timmyt

I dont wait for search money I just get on with them. Annoying when lawyers want your money - but then again why should he fund you. Lawyers normally ask in their very first etter, so why have you not already sent the money OP?

Looks like he has been on the ball to start looking through the papers, but you dont get anything from a conveyancer after 2 days until they get it all themselves, searches included and oly once they prepare a full bound summary of them all putting it all into non-legal jargon. That may be a few weeks or more. Not after 2 days!

True some average conveyancers wont go to the trouble of a nice report and they will trickly legal documnt after legal document which is useless, and gives you no overall picture. But again not after 2 days. YOur lawyer will have questions to ask the otjer lawyer n issues, searches to put things into context etc.

timmyt

middlecat wrote: »

I am going through the same thing too.

I originally thought that the solicitor will send me the contract once he received a copy from the vendor's solicitor so that I can review and comment on it. YOu wouldnt know what you are looking at, which is why you have a lawyer. Once you are ready to sign it, that is when the lawyer sends it to you with an explanation. 4 weeks down the road, they still haven't sent it to me. That is still ok as you suually sign it very close to an exchnage when the lawyer has everything to REport to you on - in a bound report - with the contract to accomany it. A contract without an explanation of hat you are buying nd the legal documents means nothing. Apparently, they will wait for the searches to come back, review everything, make changes to the draft contract before sending the whole pack to me. Bingo! That is where your £500 goes...a thorough job

Is that normal? Yes, you sound like a first time buyer. Shame they did not send you a leaflet explaining the process, we do.

Also, I don't understand why they do not use emails tell me about it. Do not use a conveyancer who does not use email and Microsoft Word track changes. It sounds like the vendor's solicitor has sent my solicitor a hard copy and the typist has to type everything out again incorporating the changes! That is unlikely, as all lawyers use PCs

good luck you two posters

Ms_Sophia

I didn't send the money yet because he didn't ask for them. Until today.
Ok, so the normal practice is for a solicitor to go thru everything, contracts, get results of all searches, and then to give me all the documents in one go? Seems a bit strange as I could have more time to review the contract now vs. just getting a whole bunch of docs at the same time...

Also, he's mentioned he wants to do a chancel search. I've done a bit of googling and it doesn't seem to be necessary to do this search at all. Can I just ask him not to do it, and therefore, not to charge me for it?

Thanks.

timmyt

Ms_Sophia wrote: »

I didn't send the money yet because he didn't ask for them. Until today.
Ok, so the normal practice is for a solicitor to go thru everything, contracts, get results of all searches, and then to give me all the documents not documents. most decent lawyers will prepare a summary of all the documents, and will behind it attach them all marked up so you can understand them. in one go? Seems a bit strange as I could have more time to review the contract ignore the contract, that is a red herring, it wont say much, what is important are all the legal papers your lawyer also gets, and that is what the lawyer wil summarise so all you essentially do is read his report and say you are happy and sign the contract now vs. just getting a whole bunch of docs at the same time...

Also, he's mentioned he wants to do a chancel search. I've done a bit of googling and it doesn't seem to be necessary to do this search at all. Can I just ask him not to do it, and therefore, not to charge me for it? do the search, as you never know which house will be affected, and for £17, its a no-brainer

Thanks.

good luck ............

middlecat

timmyt wrote: »

good luck you two posters

timmyt, I am a first time buyer indeed. I just thought it would be marginally faster if I can review the documents at the same time and feedback my comments, so that he can incorporate them in one go.

Should/does the buyer normally have comments on the draft contract?

I like details, so I imagine I will read through every single page of all documents that my solicitor send over.

My solicitor indicated that his typist needs to type out the document. I also asked if he can send me a PDF and he said it would take him too much time to scan every page, hence my conclusion that it is all on paper!

timmyt

middlecat wrote: »

timmyt, I am a first time buyer indeed. I just thought it would be marginally faster if I can review the documents at the same time and feedback my comments, so that he can incorporate them in one go.

Should/does the buyer normally have comments on the draft contract? no, as it is in standard national form, and if it has anything out of the ordinary your lawyer amends it - dont focus on that document, t is all the other documents that the lawyer is pouring through...the deeds ca be many documents, the general information for, the guarantees, the planning permissions etc

I like details, so I imagine I will read through every single page of all documents that my solicitor send over.

My solicitor indicated that his typist needs to type out the document. I also asked if he can send me a PDF and he said it would take him too much time to scan every page indeed it would, and you are starting to tell him how to do his job, though offer to pay an extra say £100 (half an hour/hour extra time) and he might, hence my conclusion that it is all on paper!

how about the above comments...

middlecat

timmyt wrote: »

how about the above comments...

Right, timmyt, thanks for your post. It sounds like I am expecting too much of my solicitor. I should leave him alone for a while.

G_M

Just to add to Timmy's comments: you are paying a pofessional to do the job; check the contract, Title; associated Conveyances; searches etc etc. That being so it is sensible for him to do all that, correct any errors, clarify any inconsistancies, fill any gaps and THEN pass you a complete, and accurate, pack. With, as Timmy says, a report/resume.

If he sent you documents with errors, gaps, inconsistances I expect you would not be impressed!

Plus if you intend/prefer/want to check all these yourself, well, you might as well do the whole job yourself.

No reason you shouldn't, if you have the nouse and the purchase is a straightforwrd one......

DIY conveyancing is ...... moneysaving. Well, unless the mortgage lender's solicitor charges a bomb.

(Off to bed now - I'll read Timmy's response to that last suggestion tomorrow!)

Ms_Sophia

Also, our solicitor initially quoted that it would be £300 (approx) for the searches, but now he's requesting £350 for them. Should I point out to him that he quoted £300 before? Or in the final bill he'd put the exact numbers for each search and would recalculate everything (and reimburse us if we overpaid for smth)?