Conveyancing - chasing things up?

KateLiana27

We have contacted our conveyancer (part of a local solicitor's firm) a total of 3 times in the 5 weeks since we engaged her. Each time, she replies that she is waiting for something from either the estate agent (2 weeks for the notification of sale) or seller's solicitor (draft contract - was delayed due to getting grant of probate, but we only knew that via the estate agent, not her). The problem is that she never indicates that she is chasing things up. Her usual reply is "it's in the hands of third parties", in a slightly irritated tone that suggests "so what do you want me to do about it"?

I just don't understand this attitude of sending a letter, then sitting back for weeks waiting for a reply. Is this what all conveyancers do or are we unlucky? Is it unreasonable to expect her to make a phone call and find out what is holding up the things she is waiting for? Or at least let us know when something is delayed, so we can try to chase it?

I'd be grateful for advice as to whether this is just the way the conveyancing process is, or if we should be asking her to step up!

sambuick

I would do more chasing, personally although there are people on here who will say while you are asking all these questions, the conveyancer is not getting any work done.

However, you are paying for a service. I am constantly amazed at the attitude and the standard of work of some of these 'professional' people. But, at the end of the day it is you who will end up anxious and worried and you do expect your conveyancer to inform you if for example: probate hasn't even yet been granted, as this will affect your expectations with regard to the length of the process.

With my conveyancer, I do everything by email, because then I have every response in writing. In your case I would ask clearly:

1. What exactly are we waiting for?
2. In whose hands exactly is it ?
3. When did you last chase them ?

And don't feel like a nuisance, you don't have to contact them every minute of every day, do be reasonable, but don't be frightened to ask questions either.

KateLiana27

Thanks sambuick. Luckily probate has been granted now but I was annoyed that I had to find this out from the estate agent, and not through the conveyancer I was paying to do the job. There does seem to be a mismatch of expectations between what I think should be done (chasing!) and what the conveyancer thinks is reasonable.

sambuick

You're absolutely right - they manage expectations very very badly.

I know how you feel about the probate thing. I was only chasing a gas safety certificate, had the contract to sign (incorrectly filled in btw) and our solicitor had actually asked for the funds to complete the sale, when i got an email forwarded from the other side saying 'here's the gas safety installation details and by the way we will shortly be in a position to apply for probate'. That was mid May.

I'm still waiting.

Good luck for you anyhow.

LandyAndy

KateLiana27 wrote: »

Thanks sambuick. Luckily probate has been granted now but I was annoyed that I had to find this out from the estate agent, and not through the conveyancer I was paying to do the job. There does seem to be a mismatch of expectations between what I think should be done (chasing!) and what the conveyancer thinks is reasonable.

Would your solicitor definitely know about the probate issue if the seller's solicitor didn't tell them but just waited for it to be resolved before sending contracts?

KateLiana27

LandyAndy wrote: »

Would your solicitor definitely know about the probate issue if the seller's solicitor didn't tell them but just waited for it to be resolved before sending contracts?

No, our conveyancer didn't know - because she sat back and waited two precious weeks for the notification of sale to come through the post to her before doing anything. If she had picked up the phone and been proactive, she could have got the seller's solicitor details from the EA two weeks sooner, contacted them and found out what was going on, and told us. As soon as she contacted the seller's solicitor they did tell her exactly what was going on, so no delay on their part.

I guess what I was asking was, is it reasonable to expect some proactivity (if that's a word) from conveyancers, or is sitting back and waiting for the post the norm?

jon_eastwood

KateLiana27 wrote: »

No, our conveyancer didn't know - because she sat back and waited two precious weeks for the notification of sale to come through the post to her before doing anything. If she had picked up the phone and been proactive, she could have got the seller's solicitor details from the EA two weeks sooner, contacted them and found out what was going on, and told us. As soon as she contacted the seller's solicitor they did tell her exactly what was going on, so no delay on their part.

I guess what I was asking was, is it reasonable to expect some proactivity (if that's a word) from conveyancers, or is sitting back and waiting for the post the norm?

I sympathise with you.

We are currently going through the same process with our solicitor, and are debating whether to ditch him now before its too late, or stick it out.

Ours is a chain free sale on a house from 1985, survey is 100% clear, the vendor is as keen to sell as we are to buy, and yet it is being held up by the various middle parties, who make all the money and couldn't care less about deadlines.

I can understand that conveyencing process is there to help and protect us, but I do think an awful lot of time is lost because of a lack of ownership and eagerness.

KateLiana27

jon_eastwood wrote: »

I do think an awful lot of time is lost because of a lack of ownership and eagerness.

This is it, exactly. She seems to see her job as merely to answer mail when it turns up and not take the slightest bit of responsibility or ownership. If I did my job like this I'd be fired.

I really am tempted to change but am not sure how much we would have to pay her for "work" done already. (This amounts to sending one fax to the vendor's solicitor and forwarding one of his letters to us). We have paid for the searches upfront but they haven't been submitted yet.

LCK73

You could ask her how much it would cost to wind up her service on the back of feedback to her that you aren't happy with her progress....honestly, some of these folks are pretty poor at recognising they are in the service sector and you are the paying client.....

My buyers solicitor went on holiday for a week and failed to tell anyone! PRiceless!

timmyt

I sympathise with all of you as it is the emotions talking.

First of all, you rarely find you've been savvy enough to have secured an actual 'solicitor' and so the non-solicitors out there tarnish us with their poor conveyancers. There are exceptions of course but they are in the majority.

Second, you pay conveyancers the lowest in the move process, but a mistake in their work will be disastrous. They handle the legal work but so many people expect them to do the Agents role. Unfortunately, they cannot speak to the other party, just the solicitor on the other side, and for reasons of confidentiality, they may get told little.

If there is a delay, always involve the Agents as they are there to broker and rebroker the deal whenever it is needed. Some do an amazing job, but others sit back and it sounds like OP has one of those.

Conveyancers keep their charges low and are able to quote at the start without sight of papers based on a deal where it all goes clock work. Expect lots of errand boy chasing from a lawyer and you have their role confused.

Of course they chase but you cannot do another lawyers job very easily and so the main blame here may lay with the other lawyer, and perhaps you for not involving the agent regularly enough.

I understand you may think 'who else can I turn to for help' but don't think it is the lawyers job, as they handle the legals once the other lawyer is ready.

I am a same day solicitor, but times will be that other lawyers facing me go terribly slowly. Sometimes my own clients say go but make up an excuse to the other 'lawyer'. Hate being caught like that.

Many conveyancers are cheap too - because they put no effort in, so did you choose one like that? Cheap always means less service/value for your money.

Don't get me started on some of the national estate agents who push you into using unfit for purpose conveyancers,

Good luck OP

KateLiana27

timmyt wrote: »

Many conveyancers are cheap too - because they put no effort in, so did you choose one like that? Cheap always means less service/value for your money.

Sadly not. We received three quotes from local proper solicitors' firms, all in the same ballpark, and none of them cheap. We are paying a good amount. If we weren't, I'd be a bit more forgiving!

Please don't think I'm tarnishing everyone with the same brush. I'm talking about my conveyancer specifically. The solicitor on the other side has been fantastic and has basically done everything he can the same day. The agent has also been excellent and regularly calls me with updates. I just seem to have the bad luck to pick a slightly more "relaxed" professional...

I think it boils down to poor communication. If she sent me a two-line email once a week saying she was waiting for x from x person, which should be resolved by x date, but if not she would give them a call - I would be a happy bunny. Heck, I just want to know she's still alive and not forgotten us