DIY conveyancing on purchase - vendor's solicitor being awkward

GDB2222

Or indeed dad sends cheque to daughter's solicitor, so he can use it for her purchase.

chappers

peterpownall wrote: »

You hit the nail on the head in stating you had a law degree and had dealt with other legal matters - not conveyancing matters.
Conveyance negligence claims are littered with solicitors who had "dabbled" in conveyancing matters not realising it is a very specialised area of law fraught with pitfalls for those who do not deal with conveyancing on a day to day basis.

Can't really comment on the whole DIY conveyancing thing. But totally agree with the above.
My Brother-in-law is a solicitor who did his own conveyancing, just before the final signings he got his godfather a retired conveyancing solicitor to cast his eye over it and straight away he spotted a potential problem with access over some land.
Further investigation revealed a potentially serious problem that was found out to have occurred several sales previous when a piece of land was incorrectly registered. At least 7 solicitors previous had failed to spot this and they supposedly knew what they were doing.
The problem was serious enough that my B-i-L walked away from the deal and bought another house, it was over three years later that the problem was resolved.
Now my point is that if you !!!! up this purchase and many years later someone comes back to sue you, do you have the relevant insurance cover..
Now I am one for having a go at everything myself , much to my wife's annoyance, but due to the nature of the legal system thats the one thing I leave well alone.
Is it really worth a couple of hundred quid out of a transaction that could be in the hundreds of thousands of pounds.
Personally speaking I think you are being very selfish to your Daughter , causing her more stress during what is generally a stressful time anyway.

Stromboli

Apologies for not seeing recent posts earlier but, as mentioned in my last post, I'm waiting to see what the solicitor's response is. As it happens I've contacted several conveyancers today in case I have to instruct one - none of them could see anything out of the ordinary about the purchase. I agree that conveyancing is a specialist area; in mentioning that I had a law degree I wasn't suggesting I was arrogant enough to believe I could handle any legal transaction I chose to - I was merely saying I'm not totally incapable of understanding legal documents or processes. The various comments about even qualified solicitors messing up in conveyancing matters can be read both ways. Chappers - you're entitled to your opinion, but by stooping to personal insults you're showing you haven't read previous posts fully or with an open mind. You don't know me or have any idea about help that I've given to my daughter. Don't forget that it's the solicitor who has gone in heavy-handed instead of trying to resolve his concerns in a proportionate way. Also, has it occurred to you that, as I'm buying my daughter's house, she's escaped the stress associated with trying to sell it to a stranger and with waiting to see whether the purchase actually goes through (as well as not having to pay an agent). On top of that, the less money I spend now, the more my children will end up with later!

G_M

chappers wrote: »

Can't really comment on the whole DIY conveyancing thing. and yet the rest of your post is..... a comment on the whole DIY conveyancing thing!

But totally agree with the above.
My Brother-in-law is a solicitor who ....
.
Further investigation revealed a potentially serious problem that was found out to have occurred several sales previous when a piece of land was incorrectly registered. At least 7 solicitors previous had failed to spot this and they supposedly knew what they were doing.
So your point seems to be that using a solicitor is no guarantee of getting things right. Only one out of 8 solicitors spotted this "potentially serious problem "! (1 out of 9 including your brother in law!)

When I do (DIY) conveyancing, I devote 100% care to the job a) because of the importance of getting it right b) because I have a personal stake and c) precisely because it is not my 'day job'. A conveyancer (or in your example 7 solicitors) is juggling multiple properties.
......

Now I am one for having a go at everything myself , much to my wife's annoyance, but due to the nature of the legal system thats the one thing I leave well alone.
That is a matter of personal choice. Clearly you feel confidant/competant in some areas (though your wife doubts you), but not in this area. Fine.

Some people service/repair their own cars. A potentially lethal activity (think about brake failure). Personally I would never do this because I do not feel confidant/competant in this area, but I see nothing wrong in others doing DIY mechanics if they are up to it.

Personally speaking I think you are being very selfish to your Daughter , causing her more stress during what is generally a stressful time anyway.

Making assumptions about the nature of this father/daughter relationship, and about the daughter's reaction (maybe stressed, maybe not - we don't know) is out of order.

chappers

Stromboli I apologise my comment was in no way meant to be an insult I was just trying to point out that there is a larger scenario at play here other than worrying about a few quid over your potential solicitors fees.

GM my post was nothing to do with DIY conveyancing.
But pointing out that conveyancing can have pitfall and there can be more to the process than just going through the procedures.

My anecdote was there to highlight that solicitors can miss less than obvious things so as a layperson you should be careful, solicitors have professional liability insurance to fall back on you don't.
Your using of my anecdote to vindicate not using a solicitor just shows how one man's words can be twisted from their original intention to suit your own argument at least try and reference your own experience or knowledge, are you sure you would have spotted the error?

Better_Days

chappers

Further investigation revealed a potentially serious problem that was found out to have occurred several sales previous when a piece of land was incorrectly registered.At least 7 solicitors previous had failed to spot this and they supposedly knew what they were doing

G_M

So your point seems to be that using a solicitor is no guarantee of getting things right. Only one out of 8 solicitors spotted this "potentially serious problem "! (1 out of 9 including your brother in law!)

Yes G_M this observation by chappers didn't fill me with confidence either!

The thing is, is to be cognisant of the limits of your knowledge, and to have a full understanding of the consequences if you get it wrong. I wouldn't do my own conveyancing but can understand that it must be very rewarding to teach yourself enough to be competent in the field.

chappers

My actual point isn't about competence, everyone makes mistakes, some are easier to make than others.
In the example I gave it took a three year legal battle to sort it out before the property could be sold and someone was held responsible for the original mistake. My question would be to the DIY conveyancers, do you have the relevant cover in case the legal bill for that mistake falls on your doormat.

Stromboli

chappers wrote: »

Stromboli I apologise my comment was in no way meant to be an insult I was just trying to point out that there is a larger scenario at play here other than worrying about a few quid over your potential solicitors fees.

Apology accepted, thank you. Again, I think if you'd read my posts in full, you'd have seen that I'm well aware of the larger scenario and am not getting hung up about a few quid. There's no point in spelling it out again, other contributors have described the scenario much more eloquently, many using their own relevant experience.

GDB2222

chappers wrote: »

My actual point isn't about competence, everyone makes mistakes, some are easier to make than others.
In the example I gave it took a three year legal battle to sort it out before the property could be sold and someone was held responsible for the original mistake. My question would be to the DIY conveyancers, do you have the relevant cover in case the legal bill for that mistake falls on your doormat.

In the context of this particular case, that makes no sense. The family already owns the property, whether title or access is flawed, or not. If there is something wrong with it, then dad will have to sort it out for himself or accept the loss. Where does insurance come into it?