A shake up needed in the house buying debarcle

Moi_non

That means estate agents, solicitors and surveyors

In the last 10 years I have bought and sold 8 properties at home and abroad and and on EVERY occasion one of the above has created a problem just because they can and only on a sale/purchase here in England.

I dont like the fact that after a survey it then goes to a solicitor then to buyer then to vendors solicitor then to vendor, all by post

It is rediculous

You mention the fact that there is now email and they look at you as if you are alien yet they pop out their icrap phones

Also, why can the buyer/vendor not speak after an offer is accepted, ok not overly but the odd word gets a heavy handed response from a solicitor

Everyone (above) acts like it is a murder case.

And for gods sake, solicitors work within the law, yes
Why cant one solicitor act for both parties

rant over for now

DVardysShadow

Moi_non wrote: »

And for gods sake, solicitors work within the law, yes
Why cant one solicitor act for both parties

rant over for now

With that point, you have made your argument incredible.

go_cat

My solictitor is dealing with us a lot by email and i am sure they are not unique don't tar everyone with the same brush!

hcb42

DVardysShadow wrote: »

With that point, you have made your argument incredible.

and this one...!

Moi_non wrote: »

Also, why can the buyer/vendor not speak after an offer is accepted, ok not overly but the odd word gets a heavy handed response from a solicitor

Moi_non

DVardysShadow wrote: »

With that point, you have made your argument incredible.

hcb42 wrote: »

and this one...!

Care to give your explanation of why it is so

googler

Moi_non wrote: »

Why cant one solicitor act for both parties

Does the term 'conflict of interest' mean anything to you?

How could one solicitor actively represent the best interests of both a buyer and a seller?

Buyers and sellers are discouraged from communication because they may inadvertently commit themselves to a course of action through ignorance of the law. Solicitors are presumed to know the law, and are, as fee-earners, subject to professional standards and are expected to adhere to them.

If you want to change the house buying and selling system in England and Wales, then lobby your MP for change. Leave the Scottish system alone, though.

Moi_non

In England the term a conflict of interest is probably over used as with many others as it almost defends itself when used.
Why then does it work in other countries?

The scottish system, dont get me started
Advertise a property for £200k with a view to getting around £260, whats that all about

googler

Moi_non wrote: »

Why then does it work in other countries?

The scottish system, dont get me started
Advertise a property for £200k with a view to getting around £260, whats that all about

I've no idea why other countries are different. Why don't you tell us, since you're the one who's bought and sold all over?

Offers Over is/was about getting the best price when you sold your home. If there's competing interest, it encourages higher bids, much like an auction. It doesn't favour the buyer, but then again, neither does any other form of auction.

However, you seem to be well out of touch with the current Scottish landscape, where Home Report valuations are required prior to marketing, Offers Over has almost died out, and most houses are marketed at Fixed Price or Offers in the Region of.....

Moi_non

well, to be honest, you came at me with a conflict of interest so was awaiting your response, probably splurge a solicitor will like to give out to give you that little bit of negativity to hold you to their words.
En France, in my experience you can have one or two notaires who act on behalf of both parties (one fee for 1 or 2 notaires) and I have never one had any negativity, never an arguement, if there is anything to be resolved everyone (buyer and seller) sits in a room and you discuss it in a civilised way.
Here its they must do that, you must buy this insurance because they will do this, it is pathetic.
We do things now we didnt do in the 80s or 90s yet because its laid out in a negative way it has to be done.

DVardysShadow

Moi_non wrote: »

... We do things now we didnt do in the 80s or 90s yet because its laid out in a negative way it has to be done.

The number of solicitors required has not increased since the 80's ....

The serious difference between our system and the french system of notaires as revealed by 5 minutes on google, is that the french notaire is a public official, employed by the state, whose duty is to avoid the state becoming embroiled in dispute over property transfer on the conveyancing. So although both sides are charged a fee, his pay comes from the state and I believe he has some judicary role.

Now in the UK, the lawyer is a private practitioner, whose allegiance is to his client - and that derives from being divorced from the judiciary. So even on non contentious matters such as house purchase, the UK solicitor has to have just the 1 client, whose corner he fights.

The differences which allow the french system to work in france are cultural and structural. Much more is required than the Law Society producing a directive on conveyancers acting for both sides.

Moi_non

I never said the number of solicitors had changed, just generally.
What is seen as the done thing be it building regs, indemnity ins, getting letters to say you can go in someones garden to clear a gutter etc etc
It is all done to cover a solicitors and surveyors back, not to help you as a buyer or seller.

It is easy to go on google and repeat it as a matter of fact but im talking about the actual experience is different and a lot less stressful

A lawyer is a lawyer in any country and acts on behalf of the client, I am talking about buying and selling a house not trying to get off with murdering someone although you never know.........