Solicitor knows our seller 'socially'

razoni

Hi,

Me and my partner are first time buyers. We have mortgage approved everything ready to go, due to give cheque for search fees with our solicitor tomorrow.

Today however I recieved a call from the estate agent stating the seller has requested we use his 'searches' to speed things up. Obviously I said I don't thnik we can do this and my girlfriend rang the solicitor.

The solicitor has said no we have to get our own and has also said the seller has emailed him directly about making sure the process us done quickly. Also the solicitor has stated he does know this man socially.

Should we be requesting a different solicitor? to top it all off the solicitor said it was something the seller hadn't done which meant the searches couldn't be started and if we wanted we could pay another £6.00 for him to do it?

Obviously I do not want to delay but want an unbiased solicitor also.

Advice welcome
Thanks
Ryan.

Yorkie1

How big is the firm? Is there another conveyancer who could do the job instead within the firm?

The seller is putting your solicitor in a very difficult position as professionally your solicitor cannot discuss your sale with him. It's not uncommon for solicitors to know parties on other sides of transactions - what matters is how they maintain their professionalism.

I would ask your solicitor how he answered the seller, what steps he is taking to avoid being put in this position and what guarantees he can give you that he will abide by the solicitors' code of conduct; see what sort of response you get, and whether you feel he is able to manage the situation without compromising his service and duties to you.

I'd probably want to avoid changing firms if I could be satisfied.

Senior_Paper_Monitor

How did you select/instruct your solicitor ?

razoni

Hi it is a big firm, there are other property solicitors at the firm. We picked them on a family recommendation girlfriends parents used their firm for all their property buys/sells. So basically speak tomorrow and maybe change solicitor but keep the same firm? Should this slow down the process?

Thanks

Senior_Paper_Monitor

Frankly, the solicitor appears to be acting correctly.


I guess the agent told the vendor who your solicitor was (not unreasonable in itself) but then the vendor has played the 'I know him - couple of pints down the pub card' which puts everyone in a difficult situation.


Tell your solicitor you need a replacement - no offense, but its either someone else in the firm or another firm if they can't work with that. The fault is the vendor's, probably not his - but you do need an independent adviser.

razoni

Ok thanks will discuss this with him tomorrow and advise we need a different solicitor, thanks for advice.

robin58

I would get another solicitor in the firm to do it. Explain politely to your current solicitor you find it puts you both into a bad situation.

Otherwise the solicitor could be open to be sued for mishandling of the purchase to you if things go wrong.

I would keep things to a safe distance if I were you.

Take this from somebody who had to serve as a executor selling and buyer of the same property (long story.:o I did not go ahead with it without the other named executor as a independent witness to no funny business. It also made him liable if thing anything went wrong.:))