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Selling a house in Scotland problems with my solicitor URGENT ADVICE NEEDED
oliel
Posts: 223 Forumite
Selling my house in Scotland my solicitor who is also my ea is pushing for our sale and wanting to conclude missives, we however have stated we can't do this until we get our mortgage offer (about another 10 days per mortgage company). All we keep getting back is we will loose sale if we don't conclude soon. Yesterday he came back and said he can't hold off because of law society rules. I went onto the scottish law society website and found this;
Where a selling client instructs a solicitor to delay concluding a bargain having given an indication that an offer is to be accepted, the reason for that delay should be disclosed to the purchaser's solicitor. If the seller instructs the solicitor not to disclose the reason, or does not give a reason for such an instruction, the solicitor should also withdraw from acting.
If a solicitor whether for seller or purchaser withdraws from acting in terms of this guidance, the confidentiality of the client should not be breached without the client's authority but when intimating withdrawal that should be done by stating that it is in terms of this guidance.
Note: The Conveyancing Committee is of the view that this guidance does not require a solicitor or legal adviser to coerce a client into concluding an early bargain, but rather requires that if there is a delay, the reason for that delay should be disclosed at an early stage.
We do feel we are being coerced into concluding an early bargain. We need to have the mortgage offer before we can conclude, otherwise our house will be sold and we won't have another to go to. We have no problem with him accepting the conditions of the offer and just putting a clause in that's says dependant on our mortgage. Or indeed for him to just go back to purchasers solicitor and say we are happy with everything but we just need to get our mortgage offer. We have paid out for a refresh report for the purchaser that's been carried out this week which surely indicates we are serious.
Our solicitor also informed us that his fees are already considerably higher than stated because of all the extra work.
Our house has been in the market nearly 2 years obviously we don't want to loose sale but are feeling a bit bullied at the moment. Some good advice would be most appreciated as this is causing us so much stress. No idea how big the fees we will be that we have to pay even if this doesn't go through.
Where a selling client instructs a solicitor to delay concluding a bargain having given an indication that an offer is to be accepted, the reason for that delay should be disclosed to the purchaser's solicitor. If the seller instructs the solicitor not to disclose the reason, or does not give a reason for such an instruction, the solicitor should also withdraw from acting.
If a solicitor whether for seller or purchaser withdraws from acting in terms of this guidance, the confidentiality of the client should not be breached without the client's authority but when intimating withdrawal that should be done by stating that it is in terms of this guidance.
Note: The Conveyancing Committee is of the view that this guidance does not require a solicitor or legal adviser to coerce a client into concluding an early bargain, but rather requires that if there is a delay, the reason for that delay should be disclosed at an early stage.
We do feel we are being coerced into concluding an early bargain. We need to have the mortgage offer before we can conclude, otherwise our house will be sold and we won't have another to go to. We have no problem with him accepting the conditions of the offer and just putting a clause in that's says dependant on our mortgage. Or indeed for him to just go back to purchasers solicitor and say we are happy with everything but we just need to get our mortgage offer. We have paid out for a refresh report for the purchaser that's been carried out this week which surely indicates we are serious.
Our solicitor also informed us that his fees are already considerably higher than stated because of all the extra work.
Our house has been in the market nearly 2 years obviously we don't want to loose sale but are feeling a bit bullied at the moment. Some good advice would be most appreciated as this is causing us so much stress. No idea how big the fees we will be that we have to pay even if this doesn't go through.
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Comments
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Never use a solicitor who is also the EA(**): They have divided loyalties.
Sack current solicitor, start with a different one: (Ask a couple of other local agents who they'd recommend.
(**)For Engerlish readers: It is very common in Scotland for Solicitors to also be letting & estate agents...;0 -
theartfullodger wrote: »Never use a solicitor who is also the EA(**): They have divided loyalties.
Sack current solicitor, start with a different one: (Ask a couple of other local agents who they'd recommend.
(**)For Engerlish readers: It is very common in Scotland for Solicitors to also be letting & estate agents...;
I am realising the divided loyalty bit! But cant really move at this time as have a tight deadline on this. But i still need advice as to what to go back to him with on monday.0 -
theartfullodger wrote: »Never use a solicitor who is also the EA(**): They have divided loyalties.
There's nothing wrong with using the same firm to act as EA and solicitor for your own sale, and for the solicitor work on an onward purchase.
The OP's problem, I think, is that the EA/solicitor firm acting for his sale is also the firm selling the house he's buying, and they've split up the work between two solicitors in the same firm to avoid the Law Society's conflict of interest rules (i.e. one solicitor is acting for the OP with regard to the purchase of the house they're selling, and another is acting with regard to the sale of that house, on behalf of the owner). I'm still not 100% sure, as the OP responded to one of my posts with "that must be it", which left me with the impression he still wasn't sure......
https://forums.moneysavingexpert.com/discussion/49152910 -
There's nothing wrong with using the same firm to act as EA and solicitor for your own sale, and for the solicitor work on an onward purchase.
The OP's problem, I think, is that the EA/solicitor firm acting for his sale is also the firm selling the house he's buying, and they've split up the work between two solicitors in the same firm to avoid the Law Society's conflict of interest rules (i.e. one solicitor is acting for the OP with regard to the purchase of the house they're selling, and another is acting with regard to the sale of that house, on behalf of the owner). I'm still not 100% sure, as the OP responded to one of my posts with "that must be it", which left me with the impression he still wasn't sure......
https://forums.moneysavingexpert.com/discussion/4915291
the solicitor selling my house and also is my ea is only the ea for the house i am buying - they are usung a solicitor from another practice0 -
Selling my house in Scotland my solicitor who is also my ea is pushing for our sale and wanting to conclude missives, we however have stated we can't do this until we get our mortgage offer (about another 10 days per mortgage company). All we keep getting back is we will loose sale if we don't conclude soon. Yesterday he came back and said he can't hold off because of law society rules. I went onto the scottish law society website and found this;
Where a selling client instructs a solicitor to delay concluding a bargain having given an indication that an offer is to be accepted, the reason for that delay should be disclosed to the purchaser's solicitor. If the seller instructs the solicitor not to disclose the reason, or does not give a reason for such an instruction, the solicitor should also withdraw from acting.
If a solicitor whether for seller or purchaser withdraws from acting in terms of this guidance, the confidentiality of the client should not be breached without the client's authority but when intimating withdrawal that should be done by stating that it is in terms of this guidance.
Note: The Conveyancing Committee is of the view that this guidance does not require a solicitor or legal adviser to coerce a client into concluding an early bargain, but rather requires that if there is a delay, the reason for that delay should be disclosed at an early stage.
We do feel we are being coerced into concluding an early bargain. We need to have the mortgage offer before we can conclude, otherwise our house will be sold and we won't have another to go to. We have no problem with him accepting the conditions of the offer and just putting a clause in that's says dependant on our mortgage. Or indeed for him to just go back to purchasers solicitor and say we are happy with everything but we just need to get our mortgage offer. We have paid out for a refresh report for the purchaser that's been carried out this week which surely indicates we are serious.
Our solicitor also informed us that his fees are already considerably higher than stated because of all the extra work.
Our house has been in the market nearly 2 years obviously we don't want to loose sale but are feeling a bit bullied at the moment. Some good advice would be most appreciated as this is causing us so much stress. No idea how big the fees we will be that we have to pay even if this doesn't go through.
Anyone able to give me some advice on this? Thanks0 -
the solicitor selling my house and also is my ea is only the ea for the house i am buying - they are usung a solicitor from another practice
Then this is a perfectly normal situation in Scotland, and not anything to take issue with.
The way the solicitor is behaving, on the other hand, sounds poor. I would write to outline your concerns, making sure you keep a copy of the letter should you decide to make a formal complain once everything is concluded.0 -
Then this is a perfectly normal situation in Scotland, and not anything to take issue with.
The way the solicitor is behaving, on the other hand, sounds poor. I would write to outline your concerns, making sure you keep a copy of the letter should you decide to make a formal complain once everything is concluded.
Thanks ive have sent an email today stating all our concerns. I actually read the bumpf that the solicitor sent with his engagement letter called THE PURPOSE OF COMBINED CLAUSES PART 2 - UPDATE A SCOTTISH MISSIVES CHAIN and it states that "solicitors should now find it necessary to urge caution on buyers to obtain a definite offer of loan before concluding missives" Our solicitor has still tried to push us to conclude on our sale even though our mortgage is not in place for the new property. Have to say I am appalled the solicitor just keeps going on about us loosing our sale.0 -
Thanks ive have sent an email today stating all our concerns. I actually read the bumpf that the solicitor sent with his engagement letter called THE PURPOSE OF COMBINED CLAUSES PART 2 - UPDATE A SCOTTISH MISSIVES CHAIN and it states that "solicitors should now find it necessary to urge caution on buyers to obtain a definite offer of loan before concluding missives" Our solicitor has still tried to push us to conclude on our sale even though our mortgage is not in place for the new property. Have to say I am appalled the solicitor just keeps going on about us loosing our sale.
that advice refers to concluding missives on your purchase, rather than your sale though.
How long ago did you accept the offer and what entry date did you accept at that time? Has your solicitor been told that your buyers will withdraw if missives aren't concluded now?0
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