Forced to change solicitors at late stage

geminicla32

Sold our house using premierpropertylawyers and during this process found a house we wanted to buy. Not wanting to lengthen a chain we agreed to sell our house then move into temporary accommodation, which we have now done. After various delays we have been approved for a mortgage with Virgin Money. Coincidentally the vendor appointed the same conveyancing solicitors. We have now been told that Virgin will not allow premierpropertylawyers to deal with the mortgage transaction as the vendor is using the same firm. We have been advised either to change sols entirely or pay another firm to deal with the mortgage part of the process. Considering we are at the final stages of the transaction (all searches done etc) what should we do? Will changing solicitors hold things up for a long time or is this a better option of having 2 solicitors? Would be grateful for some advice re this.

Thrugelmir

What's the other part of the process that's non mortgage related?

geminicla32

Basically I was told that premierproperty lawyers could deal with everything other than the mortgage up to completion but I could pay another conveyancing solicitor to sign off the mortgage and deal with Virgin money. Apologies for sounding a bit dim. Really confused. Never encountered this before...

anselld

You say you have completed your sale and moved into rental so the fact that premier dealt with your sale is irrelevant. You can appoint whoever else you like to deal with your new purchase.

In fact even if your sale is still proceeding with premier you can appoint different solicitors to deal with your purchase. They are separate transactions.

geminicla32

Thanks. I am more concerned about the delay to possible completion though. The mortgage offer took so long to come through that everything has already been done by premierpropertylawyers (searches, enquiries etc). If I switch solicitors now will all of this work still stand i.e. will the newly appointed solicitor be able to access all files and pick up where we are now? The estate agent seemed to imply that everything will have to be done again and I should just use an in house solicitor from Virgin to deal with the mortgage. I suspect that he is protecting his own interests and those of the vendor though and not giving impartial advice.:(

System

The same thing happened to us with the house we were selling . The buyer was refused a mortgage from the first bank and the second would not use the first solicitor.
The searches were all done and the second solicitor just went through them to check all was ok.
It did add a few extra weeks on, it took from first accepting the offer mid September to finally completing Dec 6th. There was no chain involved we had already moved out and the house was empty and the buyers were FTB.

It does mean though op that you have two solicitors to pay.

davidmcn

Surprised the lawyers hadn't already warned you about the conflict of interest - they can hardly give you best advice when they're trying to do the same for the sellers. I would just switch to another firm (to act for both you and your lender).

Yorkie1

You will have to pay the first set of solicitors for the work they have already done.

But hopefully it won't take new solicitors too long to pick up the details - once you've paid the old solicitors, instruct them to send your file to your new solicitors.

geminicla32

Thanks for the advice. My original solicitor is no completion no fee but I expect I will have to pay for searches done etc...

eddddy

geminicla32 wrote: »

Thanks for the advice. My original solicitor is no completion no fee but I expect I will have to pay for searches done etc...

Check the t&cs relating to "no completion, no fee".

I'd be surprised if it applies if you decide to change solicitor. (Otherwise everyone would change solicitor at the last moment to avoid paying a chunk of their fees.)

Yorkie1

Yes you will definitely have to pay for searches - they are not fees, they are disbursements (i.e. things your solicitor obtains and passes on the cost to you).