do it yourself conveyancing

rachelstephens

Afternoon, hoping someone can give me some pointers..

I know there are other threads on this subject but none of them that I can find have the answer to my query.

My parents have asked me to do the conveyancing on a house they are selling. There is no mortgage on the property or charges over the property.

I have prepared all of the paperwork including the draft contract.

I was going to send it tomorrow but have just been contacted by the buyer's solicitor stating that I cannot do the conveyancing because I am not a registered person.

I think this is inaccurate because I am not going to be paid for doing the conveyancing but am I correct in taking this stance?

I am, in fact, a qualified Barrister but am not a qualified conveyancer.

If anyone can help me out I would be very grateful!

Thank you in advance

demontfort

Uh oh you’ve prepared all the paperwork quickly and you are going to send it off ASAP to the buyer’s solicitor. I’m afraid you’re doing this all very wrong.
If you want to process the sale as a skilled conveynacer would. Thes are the steps you need to follow:

· Demand £1000 from your parents up front
· Once paid ignore all their phonecalls and emails
· Contact them out the blue 4 weeks later asking for some random information.
· Lose that information and claim it went missing in the post
· Carry on ignoring all your parents phonecalls and emails
· When you receive the updated information sit on it for a few more weeks
· Get the office teaboy to fill out some forms incorrectly and then ask your parents for even more money for wire telgraphic disbursments or some other such pseudo-legal nonsense
· Send the forms off to your equally incompetent buyer’s solicitor and the take turns ignoring each others phone calls, emails and letters
· Pick some random dates 3 months ahead for exchange and completion. Explain to your parents that the process takes time.
· Finally exchange and complete after 6 months and try to bill your parents extra for the delays and some other made up costs

G_M

There is no (legal) reason why you cannotdothe conveyancing so long as you do not charge a fee.

This used to be based on the Solicitors Act 1957 S20. I believe updated by Solicitors Act 1974 S22:

it is an offence for an unqualified person to prepare a contract for sale or a transfer, conveyance, or mortgage relating to land unless that person can prove that the act was not done in expectation of fee, gain or reward.

There are several books availailable (free from library, or bookshops/online) which step through the process:

http://www.amazon.co.uk/dp/085202813X

http://www.amazon.co.uk/Bradshaws-Guide-Buying-Selling-Conveyancing/dp/B001KSX616

edit: sorry: more recent legislation. See

http://www.lawsociety.org.uk/advice/practice-advice-service/faqs/conveyancing-unqualified-persons/

Legal Services Act 2007 sections 12-14 and 19 (schedule 3)

(though I'm b*gg*rd if I can find S19 in schedule3....)

rachelstephens

thanks both for your replies, and to demontfort!!

I have confirmed to them I am not getting a fee for this and have suggested that if they don't want to act for their client they should please tell them asap so they can get another solicitor.

I have sent the contract etc off but they have written asking for the "transfer" which I assume is the transfer form which I thought the buyers' solicitor usually did but will look into it.

thanks G_M for the really helpful links.

and demontfort - how right you are. they obviously took a couple of weeks to open the file, then a couple of days to get it together to write and ask if I am a licensed conveyance or solicitor (which they of course knew I am not). what really annoyed me is that they called the buyer to tell them there was a problem because I am doing the conveyancing so now the buyers are panicking.

anyway - thanks, will let you know how I get on!!

ValHaller

rachelstephens wrote: »

I have sent the contract etc off but they have written asking for the "transfer" which I assume is the transfer form which I thought the buyers' solicitor usually did but will look into it.

Don't assume anything. Demontfort's light hearted post is a little too relevant for comfort. I suspect your buyer's solicitor are really gunning for you - even at the expense of their client's purchase and I fear that they will try to stitch you up to their client.

Thrugelmir

rachelstephens wrote: »

I have confirmed to them I am not getting a fee for this and have suggested that if they don't want to act for their client they should please tell them asap so they can get another solicitor.

The solicitor not only represents the interests of the buyer but possibly the mortgage lender as well. So no point in attempting to tell other parties what to do. Poor conveyancing represents around 40% of all solicitors and conveyancers PPI claims. Which has resulted in a major tightening up in standards. I'm sure that your parents don't wish to lose their buyer either.

G_M

From memory

* the seller('s solicitor) prepares the contract
* the buyer ('s solicitor) prepares the Transfer

I used to remember this by reminding myself the buyer would want to be sure the final Transfer into his name was 100% kosher.

But it's been a few years, so refer to one of the books I linked.

demontfort

ImpartialAdvisor wrote: »

I can never understand why people would cut corners trying to save money on conveyancing fees when in % terms it is usually a very small amount especially on a sale. People gladly pay thousands more for an unqualified estate agent to stick a photo in a window and make a few calls but yet baulk at the fee a conveyancer quotes.

The buyers solicitor is correct to refuse to deal with you as they act for the buyer not you. As you are not registerered and hold no professional indemnity insurance any errors would cost them. And as they cannot transfer any funds into the other sides account directly without potentially causing a conflict of interest you may actually cause your own delays.

If you then try to instruct a solicitor to process a transfer they will need to carry out all the ID checks required to meet the complicance of their regulatory body. They may also need to carry out due diligence and examine the paper work you have prepared as after all they will be liable if you have missed something. All of which would take extra time as you have engaged them so late in the process.

You would be better off just getting someone professional to carry out the work from the offset. As doing things this way may mean the work gets done twice causing your parents to lose their buyer.

Ask yourself the question . . . . As a barrister would you advocate someone to appear in court defending themselves? or would you advocate the services of a professional?

You got to love this guy he talks about conveyancing as though it were open heart surgery whereas it's just case of filling out a few forms, sending a few emails, making some phone calls and using cut and paste/template letters.

Due Diligence and Conflicts of Interest that cracked me up, this a house sale not a multi billion pound merger or IPO. Let me translate this legal babble for you. What he means is the buyer’s solicitor may have to request certified photocopies of your parent’s passports then have a quick flick through the forms to check that everything is ticked and signed.

The only thing we can agree on are his comments about EA who are so incompetent they make your average property legal “professional” (I hesitate to use that word) look good. Nonetheless an EA could actually make/save you money by securing a better price on sale, however a conveyancer will only costs you money and time. However as with conveyancing which you can do yourself I’d argue that people shouldn’t feel afraid to axe the EA and DIY their sale and cut all these leeches out the equation.

G_M

My answer to why I DIY my own conveyancing (in appropriate cases ie no mortgage, no complex lease, no tricky covenants etc):

* personal satisfaction (the same feeling I get after sucessfully redecorating or achieving anything for myself

* intellectual challange

* speed (dealing with one property,I turn around documents same/next day- solicitors have 10/20 on the go, so work through their 'in-tray')

* learning about the property (by closely scutinising every document, search etc you learn far more about your new property than by leaving it to a 3rd person

* finally, yes, way down the list, I save a bit of money

I agree with the point about estate agents - almost every area of life has been changed by the internet, cutting out middlemen and cutting costs. Look at Amazon. Sainsburys online. ebay.

Why is property-selling still dependant on some untrained High Street-based suit talking a load of sh*t*? ALL they really do is bring together buyer & seller.

In the 21st century.......?????

ValHaller

ImpartialAdvisor wrote: »

The buyers solicitor is correct to refuse to deal with you as they act for the buyer not you. As you are not registerered and hold no professional indemnity insurance any errors would cost them. And as they cannot transfer any funds into the other sides account directly without potentially causing a conflict of interest you may actually cause your own delays.

Come off it, Impartial, it sounds like you are singing someone's song for them.

Windsorcastle

demontfort wrote: »

Uh oh you’ve prepared all the paperwork quickly and you are going to send it off ASAP to the buyer’s solicitor. I’m afraid you’re doing this all very wrong.
If you want to process the sale as a skilled conveynacer would. Thes are the steps you need to follow:

· Demand £1000 from your parents up front
· Once paid ignore all their phonecalls and emails
· Contact them out the blue 4 weeks later asking for some random information.
· Lose that information and claim it went missing in the post
· Carry on ignoring all your parents phonecalls and emails
· When you receive the updated information sit on it for a few more weeks
· Get the office teaboy to fill out some forms incorrectly and then ask your parents for even more money for wire telgraphic disbursments or some other such pseudo-legal nonsense
· Send the forms off to your equally incompetent buyer’s solicitor and the take turns ignoring each others phone calls, emails and letters
· Pick some random dates 3 months ahead for exchange and completion. Explain to your parents that the process takes time.
· Finally exchange and complete after 6 months and try to bill your parents extra for the delays and some other made up costs

GENIUS!!! I laughed so much I spat my tea out! :rotfl: