Estate agent 'forcing' us to use their solicitors

funkydrummer

Hello

We're looking to buy - had an offer accepted, but the agent told us that the vendor would only go ahead with the sale if we agreed to use the agent's recommended solicitors. They mentioned this is because the vendor wants a quick sale and would rather not have any problems during conveyancing.

Today I spoke to them and mentioned we'd rather choose our own solicitors, however the agent then told me that they had even rejected a higher offer from another buyer due to us already getting in first under the impression we would use their recommended solicitors.

I'm not impressed and I thought this was against the rules? Could someone please confirm this? Can the agent just go ahead and cross us out if we decline on using their recommended solicitors?

The agent has assured me that there's no conflict of interest if we use one of their solicitor firms, but I am worried if a problem arises that their solicitors would work for them and not for us.

However, this is quite a big and supposedly reputable real estate agency, so I'm not sure what to think.

Your advise is very well appreciated.

Thrugelmir

Personally I would prefer to choose my own solicitor (from those on the lenders panel). What's the relationship to the vendor that would be my issue.

funkydrummer

We would too, however the agent is pressuring us to use one of theirs. I'm not sure they're allowed to do that.

Has anybody else here experienced this?

G_M

funkydrummer wrote: »

Hello

....

Today I spoke to them and mentioned we'd rather choose our own solicitors, however the agent then told me that ...

Spoke to... the agent? Or the vendors?

It is VERY unlikely the vendors are driving this. If they 'want a quick sale', turning down a serious buyer is not the way to achieve this!

The agents want their commission.

Speak to the vendors direct and make sure they understand
* you are keen to buy
* you are ready to go, with mortgage lined up
* you have nothing to sell (if this is true
* you can proceed fast
* but you are goinf to use your own, very efficient, solicitors - not the ones that will earn their eastate agent a commission

They will soon tell the agent to back off!

If by 'them' you meant the vendors, then ask them (the vendors not the agents, what makes them think one solicitor will work faster than another, and how they know your solicitor will not work fast.

funkydrummer

Thanks for the advise G_M. How can I get in touch with the vendor? It's a third party that I've never met. I only met some people currently living at the flat. Is the agent allowed to give out the vendor's details to me?

jamie11

funkydrummer wrote: »

Thanks for the advise G_M. How can I get in touch with the vendor? It's a third party that I've never met. I only met some people currently living at the flat. Is the agent allowed to give out the vendor's details to me?

You could ask the tenants in the flat (nicely) who their landlord is, give them your details and ask them to pass them on, be prepared for them to know nothing of the plans to sell the flat though.

Better_Days

funkydrummer wrote: »

Hello

We're looking to buy - had an offer accepted, but the agent told us that the vendor would only go ahead with the sale if we agreed to use the agent's recommended solicitors. They mentioned this is because the vendor wants a quick sale and would rather not have any problems during conveyancing.

Today I spoke to them and mentioned we'd rather choose our own solicitors, however the agent then told me that they had even rejected a higher offer from another buyer due to us already getting in first under the impression we would use their recommended solicitors.

I'm not impressed and I thought this was against the rules? Could someone please confirm this? Can the agent just go ahead and cross us out if we decline on using their recommended solicitors?

The agent has assured me that there's no conflict of interest if we use one of their solicitor firms, but I am worried if a problem arises that their solicitors would work for them and not for us.

However, this is quite a big and supposedly reputable real estate agency, so I'm not sure what to think.

Your advise is very well appreciated.

My bolding - why would the vendor be under this impression? Was there any discussion with the EA about solicitors?

I think the EA wants his cake and to eat it. He wants commission from the sale and from the solicitors. I think if the vendor wants a quick sale it is very unlikely that he has turned down a higher proceedable offer solely on the basis of solicitor used.

Also which sols is the vendor using? I would not be happy if both sides of the transaction were being d/w by one solicitor or one firm of solicitors.

chappers

Personally I would now be wondering why, apart from cash, they are so keen for you to use their solicitors.
This is a legally binding contract and as such you have a right to appoint your own legal representation. I would call their bluff and tell them you won't procede without using your own solicitor, even go as far as telling them that you have a family member who is doing the conveyancing for free for you, then ask them if their solicitor will do it for free too(which they should if their reasons are genuine), see what they say to that.
A pound to a pinch, they're bull5hitting you about this other offer.
They want to use a particular solicitor for a quick sale, how do you think he will deal with any problems he finds, or should I say doesn't find.
Imagine you were up in court on a criminal charge, would you want to use the same lawyer as the prosecution.

It really annoys me how now that the housing market has slowed down that even the big EAs are resorting to sharper and sharper practice. Tell them to go jump

funkydrummer

Better_Days wrote: »

My bolding - why would the vendor be under this impression? Was there any discussion with the EA about solicitors?

I think the EA wants his cake and to eat it. He wants commission from the sale and from the solicitors. I think if the vendor wants a quick sale it is very unlikely that he has turned down a higher proceedable offer solely on the basis of solicitor used.

Also which sols is the vendor using? I would not be happy if both sides of the transaction were being d/w by one solicitor or one firm of solicitors.

I'm not sure what the EA discussed with the vendor. The EA is pushing us to use london-law.net or he said he could pick another solicitor from their panel. The EA did not want to email me a list of solicitors from which we could choose our own.

I am unsure which solicitors the vendor is using. I have never been directly in touch with this vendor and all communications are going through the agent.

orcocan

Don't believe a word EAs say. Tell them you're ready to withdraw your offer if you can't use your own solicitor. Ask them to book other viewings. You'll see within a couple of hours the "vendor will have decided to accept your offer"

dacouch

Have a read of 4.1.8

"Here are some illustrative examples of aggressive practices. It is not an
exhaustive list. In each case, the test is whether the average consumer's
freedom of choice or conduct is (or would be likely to be) impaired and,
as a result, they take (or would be likely to take) a different transactional
decision."

"Pressurising a potential buyer to use associated
services, for example to take out a mortgage
through the in-house mortgage advisor or to use a
particular firm of solicitors or licensed conveyancers."

http://www.oft.gov.uk/shared_oft/estate-agents/OFT1364.pdf