New build developer wants me to use their conveyancing solicitor...

dagaffman

Good morning,

I'm interested in buying a new build house that is one of the last plots on a development. The house is finished and surrounding neighbours are already moved in. Knowing that it is the developers end of financial year next month, I've made a low offer (having heard they're often accept in these circumstances), and insisted on stamp duty paid. The sales manager is apparently putting my offer to the board for consideration after I reluctantly agreed to use their recommended solicitor. They want completion by the end of the year, so it is pretty much a condition for considering my offer.

Rightly or wrongly, i'm not sure how much I'm going to trust the developers solicitor. Does anyone know if there's such thing as a solicitor service that will check through documents and look out for my interests? The solicitor I was hoping to use has told me that we insurance won't allow her so check over others work.

Potentially putting down a £500 reservation deposit today if they accept my offer.

Thanks.

AdrianC

So why did you agree to use a solicitor you don't want to use?
Solely because the salesman said it might make a difference to whether they sold the property to you or not?

Ooookay.

dagaffman

I haven't signed anything yet... If I agreed to use their solicitor, they would then put my offer of £20k below asking and £10k stamp duty paid to the board...

If I insisted on using my own, then it's likely to be asking price...

boliston

They will be pushing their own solicitor for the large kick back they would then get.

AdrianC

dagaffman wrote: »

I haven't signed anything yet... If I agreed to use their solicitor, they would then put my offer of £20k below asking and £10k stamp duty paid to the board...

If I insisted on using my own, then it's likely to be asking price...

boliston wrote: »

They will be pushing their own solicitor for the large kick back they would then get.

The kickback won't be the £30k difference to them between those two packaes... It'll be a few hundred quid at most. So say "OK, I understand there's a commission loss to you from not using your partner solicitor - How about if I raise my offer by £500 and use my solicitor?"

Apart from the kickback, the only other reason they might favour using their solicitor is because they know that there's some detail difficulty which their tame solicitor can be persuaded to overlook. And that's not exactly in your favour, is it...?

The solicitor is the person you're paying to be on your side and hold the vendor's feet to the fire. Why on earth would you compromise their independence?

mrginge

dagaffman wrote: »

I haven't signed anything yet... If I agreed to use their solicitor, they would then put my offer of £20k below asking and £10k stamp duty paid to the board...

If I insisted on using my own, then it's likely to be asking price...

Just take a minute to think about that statement.

It suggests that the 'value' of using their solicitor is so much that they will give you thirty thousand pounds off the price.

Does that actually sound realistic to you?

richard2511

As far as I am aware, the developer cannot tell you which solicitor to use. This is breaking the consumer code for home builders.

david1951

You need a solicitor you can completely trust. Although any solicitor is bound by professional conduct to act in your best interests, they are still human. If their business comes from the developer, then you cannot be sure that they will act in your best interests all of the time.

Do you want that doubt hanging around in one of the biggest transactions of your life?

richard2511

We have just bought a house which is a year old. The amount of problems that we found during conveyancing that "slipped" through the net when the people we bought from originally bought from the developer is scary.

They used the developers recommended solicitor. Make of that what you will!

lee111s

Absolutely do not do it.

They will be working in favour of the builder and not your best interest.

Thank them for the offer but insist you will be using your own solicitors for the purchase (make sure you use a local one with a good reputation).

If they won't accept that then walk away, as much as you might want the house.

steampowered

Is there anything in the contract which requires you to use their solicitor?

If not you can wait for them to accept your offer, put down a reservation fee and then change solicitors. Just make sure you change solicitors before exchange of contracts.