Don't know who's worse - solicitors or estate agents

tyler80

it's acceptable for different offices of the same firm to act for each party.

But each party should be aware that they're using the same solicitors?

MegS

So if they're waiting for a response from the vendor why is it the solicitors fault?

tyler80

Last week they told us they were waiting for a response from the solicitor, on Tuesday they told us they were waiting for a response from the solicitor, today they tell us that actually the firm is also the solicitor for the vendor and they're waiting for a response from them!!

When we're chasing things up we bear in mind that solicitors are fond of paperwork and snail mail so it seems reasonable that it may take a while to pass on to solicitors who then have to get in touch with vendors etc. But when they're in the same firm and it's 3 weeks since they requested the documents it might be nice for them to tell the truth when we ring up to find what's holding things up.

No mention in the 6 weeks since we signed up with them that they were also acting on behalf of the vendors.

timmyt

tyler80 wrote: »

Seeing as we've only found out today that they are I doubt the lender knows.

As I understand it solicitors from the same firm can act for both buyer and vendor but both parties have to be in agreement.

Searches were all completed weeks ago, it's documents from the vendors we are waiting for.

they can only act in one office if both parties are established clients (i.e had a previous course of transactions with the firm).

Licensed conveyancers have no such rule I understand - and they can always act - now that is scary.

timmyt

tyler80 wrote: »

Last week they told us they were waiting for a response from the solicitor, on Tuesday they told us they were waiting for a response from the solicitor, today they tell us that actually the firm is also the solicitor for the vendor and they're waiting for a response from them!!

When we're chasing things up we bear in mind that solicitors are fond of paperwork and snail mail so it seems reasonable that it may take a while to pass on to solicitors who then have to get in touch with vendors etc. But when they're in the same firm and it's 3 weeks since they requested the documents it might be nice for them to tell the truth when we ring up to find what's holding things up.

No mention in the 6 weeks since we signed up with them that they were also acting on behalf of the vendors.

being in the same firm is 100% irrelevant, that is the point, they have to treat each other as strangers, as if they were separate firms.

tyler80

being in the same firm is 100% irrelevant, that is the point, they have to treat each other as strangers, as if they were separate firms

Presumably that doesn't extend to them sending letters and documents via royal mail?

timmyt

few lawyers use royal mail for routine enquiries without enclosures...but clearly something is not right to be waiting....what is the actual problem....us solicitors so often get told to go slow and not tell the other side...as our clients need more time etc. the lawyer doesn't get paid until the end so if we could we'd all love fast deals.

tyler80

They're waiting for info regarding a coal authority claim revealed on the searches. The house is currently empty so can't see why the vendors would be trying to hold anything up. When the offer was accepted we were told they were keen to get sold quickly.

G_M

tyler80 wrote: »

Last week they told us they were waiting for a response from the solicitor, on Tuesday they told us they were waiting for a response from the solicitor, today they tell us that actually the firm is also the solicitor for the vendor and they're waiting for a response from them!!

The response required may well be from the vendor, or the local council, or some other person/organisation. Those responses will always come via the vendor's solicitor. So until the solicitor gets the information required, he cannot pass it on to your solicitor.

Have you actually ascertained what response is being waited for? It may well be important and your solicitor has a duty to ensure it is received and is satisfactory.

My guess is that whilst the same firm may be acting for the vendor, the solicitor involved will work at a different office. This provides sufficient 'distance' to avoid conflict of interest.

To further ensure no conflict of interest, the solicitors must treat each other as if they had no connection - must act purely in the interests of their respective clients.

Many buyers/sellers assume that by using the same solicitor/firm they can speed up or facilitate a sale, but in fact this is not the case precisley because of the importance of each solicitor acting independantly and not using in-firm shortcuts (or chats over the coffee machine etc).

tyler80

Many buyers/sellers assume that by using the same solicitor/firm they can speed up or facilitate a sale, but in fact this is not the case precisley because of the importance of each solicitor acting independantly

If I had known that our vendors were using this firm of solicitors then I would probably have picked another

Suffice to say I have gleaned enough information from our phone call today that I'm not entirely convinced that they are treating each other as if they have no connection.