DIY conveyancing on purchase - vendor's solicitor being awkward

Stromboli

I am buying my daughter's house and wish to do my own conveyancing. The spur for this was that she instructed the solicitor I would normally have used. There is no lender to insist I use a solicitor/conveyancer, the house is freehold and I know the property and the area very well. I am confident in my own ability to complete the process.
I wrote to the vendor's solicitor informing him of the situation and asking for documentation to be sent to me. He has not yet had the courtesy to reply.
The solicitor has written to the vendor telling her that my situation will cause him additional work and demanding that she agrees to pay at least £300 above the fee quoted and further costs (open-ended!) if there is more extra work than he has anticipated.
The only extra work he has specified is a money-laundering check, holding money in their clients account and having to see me to hand over documentation.
He's pointed out that he can't give me advice, but in the same sentence seems to suggest that when he has to do so, he will incur costs that he will pass on to the vendor.
The solicitor says he fears a conflict of interest will arise, which could lead to him ceasing to represent her.
In the vendor's place I would be tempted to walk away now, but the solicitor would no doubt present her with a whacking bill for work to date.
Is this type of response to DIY conveyancing typical and has anyone any suggestions on how best to deal with it please?

I_have_spoken

I'm a bit confused as to who is who - daughter/vendor, which solicitor is asking for £300 and why can't you use your usual solicitor etc?

TBH, if 'professionals' are asking for a £300 top-up, it's likely because they're missing out on commission/kick-back because you're doing a DIY conveyancing.

Yorkie1

I_have_spoken wrote: »

I'm a bit confused as to who is who - daughter/vendor, which solicitor is asking for £300 and why can't you use your usual solicitor etc?

TBH, if 'professionals' are asking for a £300 top-up, it's likely because they're missing out on commission/kick-back because you're doing a DIY conveyancing.

Rubbish. The seller's solicitor gets absolutely no commission depending on who the buyer's solicitor is - or isn't.

As I understand it from previous postings on this subject, the seller's solicitor has to do more work where a buyer isn't legally represented. Not just because you are not qualified and therefore might make mistakes which affect the seller, but also because increasingly the regulator imports a duty of care towards you even though you are not their client.

I understand from these previous posts that it is not unusual for the solicitor to have to bear additional costs in this situation.

MobileSaver

Stromboli wrote: »

Is this type of response to DIY conveyancing typical and has anyone any suggestions on how best to deal with it please?

Yes, that's a typical response. There will be extra costs for the vendor's solicitors as you will not be able to offer the standard "professional undertakings" that another solicitor would.

Similarly the vendor's solicitors has no idea whether you are competent or not and so has rightly warned the vendor that if you mess up the contract or process then there will be extra costs if he has to deal with your mistakes.

In my opinion these are all perfectly reasonable responses from the vendor's solicitor - I don't really understand why someone would skimp on a few hundred quid for a tens of thousands of pounds transaction although I know some (such as G_M on this forum) disagree.

dimbo61

The OP has not got a solicitor/conveyancer and wants to do the job himself.
Now the solicitor who is acting for the vendor HIS DAUGHTER is not happy with this.
Have I got the story right ?
Yesterday I had 3 workmen at my house, a GAS SAFE registered plumber who turned off the gas and installed a new gas hob in my kitchen after doing the plumbing work and DROP TEST!!!
I also had a carpenter with all the kit to cut out the new worktops and fit onto the new units.
MY Electrican, plumber and carpenter are all professionals who know there jobs and have years of experience plus the right tools.
All I can say is get yourself a solicitor and he/she will make sure that no Expensive mistakes are made.
Yes you know the vendor, property and its condition but the solicitor acting for your daughetr has to show due diligence in the sale of the property and whould rather deal with somone who has spent what 4/5 years training and qualified in the job

florence4

When I bought my first house, I planned to do my own conveyancing, but the vendors' solicitor refused point-blank to deal with me. I could have argued about it and would probably have won, but in the end decided my time was as/more valuable as/than my cash, and I'd actually be out of pocket if I had to have a fight. I found a good, reasonably-priced conveyancer, and saved myself a huge amount of time, as well as some stress.

Stromboli

Thanks for comments. The solicitor has no idea whether I am competent, but has assumed I am not and demanded at least £300, plus agreement to pay more if there is more extra work than he has anticipated. I am fully aware of the need for him to do a money-laundering check, but that does not warrant a charge of £300. This is supposed to be a money-saving site - why shouldn't I do my own conveyancing if I believe I'm competent (as I do). I have a law degree and stacks of experience in dealing with other legal matters, plus on a previous occasion I had to sort out a schoolboy error made by my solicitor in a house purchase. I appreciate the lawyer has to act in the best interests of his client, but in my view he's gone off at half-!!!! and in a heavy-handed manner. Many other people successfully complete their own conveyancing and, although I'm aware of instances when the other party's solicitor has written to the DIY conveyancer to point out he will not be liable for any mistakes (common sense), I've not previously heard of a lawyer who demands that his own client signs, in effect, a blank cheque on the basis that unspecified extra work MIGHT arise. I'm grateful for the posts giving the opposite view though.

Thrugelmir

Stromboli wrote: »

Thanks for comments. The solicitor has no idea whether I am competent, but has assumed I am not and demanded at least £300, plus agreement to pay more if there is more extra work than he has anticipated. I am fully aware of the need for him to do a money-laundering check, but that does not warrant a charge of £300. This is supposed to be a money-saving site - why shouldn't I do my own conveyancing if I believe I'm competent (as I do). I have a law degree and stacks of experience in dealing with other legal matters, plus on a previous occasion I had to sort out a schoolboy error made by my solicitor in a house purchase. I appreciate the lawyer has to act in the best interests of his client, but in my view he's gone off at half-!!!! and in a heavy-handed manner. Many other people successfully complete their own conveyancing and, although I'm aware of instances when the other party's solicitor has written to the DIY conveyancer to point out he will not be liable for any mistakes (common sense), I've not previously heard of a lawyer who demands that his own client signs, in effect, a blank cheque on the basis that unspecified extra work MIGHT arise. I'm grateful for the posts giving the opposite view though.

The solicitor can quite rightly set the terms of business with which they deal with their client. In other words it's a matter between your daughter and the solicitor. As the other party (albeit related) you should keep your distance. As would any other professional person in this situation.

Stromboli

Thank you Thrugelmir - sound advice with which I agree. However, the way in which the solicitor has communicated with my daughter makes it clear he expected her to contact me and pass on the ultimatum, to see if I would change my mind. I can't help suspecting that he thought my inevitable reluctance to let my daughter face extra costs because of my actions would have more leverage than would have been the case with a stranger. On top of that, though, I am cheesed off about the automatic assumption that I am not capable of understanding the documentation, when I am. Also I'm not impressed that he's got my details as buyer wrong and that there are typos in the correspondence. So much for paying professionals because they'll pay more attention to detail than we mere mortals...

florence4

I wouldn't take it personally. I don't think it has anything to do with whether or not they think you're competent; I think it is to do with self-protection (reasonable) and protectionism (unreasonable)... Firstly, if anything goes wrong in a house-buying transaction, angry people look for someone to sue. As an individual, even if you were at fault, it would be harder to claim damages from you than it would from a regulated conveyancer/solicitor with professional indemnity insurance. So the other solicitor knows that any aggrieved party would go for ^him^ before they went for ^you^... But also, (call be cynical but) if conveyancers/solicitors make it very hard for 'amateurs' to do their own conveyancing, then they protect their own market...

Thrugelmir

Stromboli wrote: »

Also I'm not impressed that he's got my details as buyer wrong and that there are typos in the correspondence. So much for paying professionals because they'll pay more attention to detail than we mere mortals...

There's many a student who now leaves University with a spelling and numerical skill set more becoming of a 11 year old. That's technology for you (calculators and spell checkers). Speed at the expense of precision these days.

Days are gone of proof reading in professional firms. As people are more interested in price rather than quality. Too often to their own detriment when something goes wrong.