Issues with Conveyancer.....

rich20806

Hi,

Wonder if I can get advice.

Purchasing house from Brother. Price agreed. mortgage agreed and offered. Conveyancer appointed. Property valued. Searches completed.

So pretty much near the end of the process.

Last week I complained about my conveyancer to the head of department at the legal firm.

Reasons:

- she lost my ID
- she lost paperwork which had to be resent by lender.
- she would not give me details of where we are in the process. She would only offer me answers such as "presume", "assume", "think" etc
- her answers were abrupt and she was very unprofessional.


Following complaining she sprung into action but I now think she has taken the approach of being quite 'bloody minded'.

Searches are all completed and she has then sent a letter of 17 questions to my brothers conveyancer of things such as:

- when burglar alarm was fitted and requiring Certs of installation (even though there isn't one which is clear on the fixtures/fittings.

- she has stated that she finds it suspicious that the property value has risen £40k in 12 months...... It was a repossession, fully rewired, full new heating system and state of the art boiler, fully renovated, new luxury kitchen, new luxury bathroom, sliderobes etc etc + in the area which is very sought after prices have just risen and risen. It's fully in line with similar properties in the area and the lenders valuation too.

- she requires Certs of electrical work

- she requires Certs of heating install


And much much more.

All of this can be provided but she states as follows:

- I am not sending certificate of title until I receive the above.

I have made enqs with the lender who has stated that they are not remotely interested in seeing the above because they are happy with their valuation. They also state they aren't bothered about the certificates as its a residential mortgage and all they want is the cert of title.

I've raised this with the damn woman who has said:

- I WILL MAKE ENQUIRIES AS I SEE FIT
- IM ACTING ON BEHALF OF THE LENDER
- I WILL NOT SEND THE CERTIFICATE OF TITLE UNTIL I'VE GOT THIS.


I'm extremely angry and wondering if I'm justified or is she correct.

Dave_Ham

Sounds like a cheap conveyancing firm you found on the internet, but you are where you are.

I can see both sides of this argument and they are typical questions, but ultimately these tend to be for your protection as the buyer.

I would attack this with some sort of clear the air chat to save this escalating which will essentially just cost you more time and grief.

Explain why you are so keen for this to happen so quickly (as assume there is a good reason) and this is why you complained although in hindsight wish you had discussed with her first blah blah

Its easy for me to say, although it would frustrate me if I was in your shoes.

Good luck

rich20806

Hi,
Nope not a cheap Internet conveyancing firm. One of the biggest law firms in the UK. Definately not cheap :-/.
I was very specific from the outset to be fair. I always am as it saves a lot of hassle (usually).

I've purchased from a family member and know the property and area extremely well. I've explained that these questions she raises are of no interest to me.

It's not particularly the case that I'm in a rush to be fair. I'm just annoyed at her attitude and of the opinion that she works for me to act in my interests.

GMS

Ask for indemnity policies to be put in place if there is a lack of documentation available.

Additional cost to you but will speed the process. Other than that it is a case if going along with it or sorting a compromise with the conveyancer.

Could be that you have caused more harm than good with the complaint.

Thrugelmir

rich20806 wrote: »

I've purchased from a family member and know the property and area extremely well. I've explained that these questions she raises are of no interest to me.

The conveyancer also represents the lender. So the questions asked may well not be of her making, in addition she'll need to cover herself to comply with the practice's professional indemnity insurance cover.

ValHaller

rich20806 wrote: »

I've raised this with the damn woman who has said:

- I WILL MAKE ENQUIRIES AS I SEE FIT
- IM ACTING ON BEHALF OF THE LENDER
- I WILL NOT SEND THE CERTIFICATE OF TITLE UNTIL I'VE GOT THIS.


I'm extremely angry and wondering if I'm justified or is she correct.

In the strictest sense she is out of order over making enquiries as she sees fit. These enquiries should be those instructed by her clients and such other enquiries as are necessary and sufficient to protect her clients.

Your problem is that she can hide to a certain extent behind her duty to the lender. On the burglar alarm, you could instruct her not to bother and I think that she will find it hard to justify that the lender has a need to know - but each issue you will have to deal with on its merits.

Probably it is best if your brother just states clearly his answers to all the questions - such as there is no certificate for whatever.

As for the £40000 rise in value, she is justified in identifying it as an issue, but she does not have the professional competence to make any judgement on it. If you have anything in writing from her, I suggest you prime the surveyor with the reasons and instruct her to refer to the surveyor.