Right to obtain a copy of all paperwork held by the solicitor after a purchase?

Roselondon_2

(Sorry I posted also at consumer right forum but perhaps it's more related to this forum?)


Hi,

We have been extremely unhappy with the current solicitor we used. We only found out his lay-back attitude (not even bothering to read the feedback from the vendor's solicitor) fairly late and therefore were not able to change before the deal finish.

The purchase was done last week. He sent us a letter saying he would post us the deed and also we were informed that the registration processs would take about 2 months time to finish.

The fear we have is: We so far recevied nothing from him in paper about this property we bought. All the information was only verbally briefed in a meeting with him before having exchanged the contract. (The exchange of contract had three furhter enquiries as conditions to the vendor's solicitor. He never told us what the answers he got from the other side are. While I raised question over one of those three enquiries, he simply said "Yes, of course. Otherwise, I wouldn't agree to exchange the contract." At that point, I really felt want to slap on his face...- I thought to inform your client is a very basic thing to provide service.)

Anyway, now we really want to keep the copies of all the paper/information he has obtained for this purchase as:
a) They would be useful to us to understand and plan for future extention/sales (in a long time)
b) We wouldn't want to use him again if we have any legal matter to deal with in the future. So perhaps better to keep documents ourself?


Then here comes the questions:
1. Is it normal or is it easy to justify this request? 2. What are the documents/information essential to be kept by ourselves?
3. Besides the deed, shall we ask anything else in original?
4. When is the best time to raise this request? The registration hasn't be done yet, I don't want to upset him yet...


Thank you.

square.peg

I believe all the details are held at Land Registry these days, not the acting solicitor (although a better-informed bod may shoot me down!). So even if you don't get it, it will be a matter of public record and available to you via LR direct.

Fire_Fox

Raise it now and don't justify anything, ask that the file is retained for you to collect as soon as the loose ends are tied up. The longer you leave it the more likely the less important documents will be destroyed or only held electronically.

giraffe69

It seems to me that you have paid and the documents produced are yours so to have a copy and/or the original seems entirely reasonable and I also don't think you need justify your request. Just act as if you consider it entirely normal. Make your request in writing so that there is a paper trail.

Roselondon_2

Thanks to you all.

But is there anyone who could provide some help to specify the names of the documents? We were only verbally briefed about what information he had at hand. We didn't take much note and therefore, now I have little clue what should be included...

Thanks a lot!

Fire_Fox

Just ask for the entire file.

OGR

I am not a solicitor but I work at a solicitors.

Most firms will be required to keep your file or a copy of it for 6 years. They can do this either by storing it or electronically. We have all of our files going back to the 80's.

You can request your file but they may not do it straight away as they will need to keep a copy for themselves. If the auditors came in at the end of the year and requested your file but they didn't have it then it could get them into trouble.

They may also impose a charge, especially if it is a large file. It is probably best to check the terms and conditions which should have been sent out to you at the outset of the matter to see what it says.

ash28

Our experience was that the solicitor sent everything to us a couple of months after we moved into the new house - we had already read the contracts prior to exchange and we checked with the Land Registry to make sure the property was in our name - it was.

It was a massive bundle of paperwork.

jbainbridge

We're hoping to exchange shortly. Along with the contracts our solicitor has sent us -

- a report of what she has found
- all the searches
- any relevant correspondence from our vendor's solicitor
- planning documents
- details of restrictive covenants

She even answers her own phone and generally replies to emails the same day!

Lavendyr

Our solicitor sent us our full file and copies of the land registry entries about 6 weeks after completion.

They may wait to send you the file until they have confirmation from the Land Registry.

Roselondon_2

OGR, ash28, jbainbridge, Lavendyr. Thanks to you all! Really helpful.

I think I know how to manage it now. Thanks!