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Conflict of interest Solicitor and estate agent?
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AMC_Hammer
Posts: 2 Newbie
Hi - looking for some advice. We are in the process of buying a house and used the solicitor that the seller's estate agent recommended due to efficiency and speed.
We have had several issues during the process culminating in today when we were due to exchange and, despite several phone calls last week confirming that all they needed was the fees and deposit transferred to them (the money is now in their account), the exchange failed today because they lost our signed contract... then said they'd found it... then lost it again.
Our main issue is we found out that the estate agent and our solicitor are in a relationship and live together, and given the incompetency of the solicitor, we feel there is a conflict of interest that we were strongly advised to use this solicitor.
We are complaining about the general issues, but do we have grounds to also complain based on this relationship? Should this have been declared before we signed with the solicitor?
Thanks for any help!
We have had several issues during the process culminating in today when we were due to exchange and, despite several phone calls last week confirming that all they needed was the fees and deposit transferred to them (the money is now in their account), the exchange failed today because they lost our signed contract... then said they'd found it... then lost it again.
Our main issue is we found out that the estate agent and our solicitor are in a relationship and live together, and given the incompetency of the solicitor, we feel there is a conflict of interest that we were strongly advised to use this solicitor.
We are complaining about the general issues, but do we have grounds to also complain based on this relationship? Should this have been declared before we signed with the solicitor?
Thanks for any help!
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Comments
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Short answer? No.0
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I'm not sure why you feel that the delayed exchange of contracts resulted from a conflict of interests.
The EA would want contracts exchanged asap, and it sounds like you want contracts exchanged asap.
So where is the conflict? You both want the same thing.
You mention complaining - what outcome are you looking for as a result of your complaint?
Edit to add...
There might be potential for conflicts of interest to occur in other circumstances - but not in relation to the delayed exchange.0 -
It's merely a variation on the usual advice here not to go with the solicitor recommended by the estate agent, on the basis they have too cosy a relationship. There are no specific rules about actually being in a relationship...0
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The EA has no contract with you. They are employed by the vendor. You were free to choose your own conveyancer.No free lunch, and no free laptop0
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What??!! :eek:
Two professional people in a relationship?!
That is absolutly scandelous and unacceptable. Just imagine if it went further and.... I don't know..... one of them got pregnant too? :eek:0 -
I disagree with most on here. If you're sharing a bed with someone whom you're recommending on a professional basis, it's an obvious conflict of interest. That said, you're not the EA's client so I don't see what comeback you have against the EA. Normally it's wise to run away from anyone an EA suggests. I find their recommendations useful as I know who to exclude.
Your solicitor sounds dreadful, and you should follow the complaints procedure of the firm they work for, but only on the level of service performed. It's not their fault you weren't diligent in selecting them. It is their fault if they can't find paperwork (I hope they put that to you in writing)."Real knowledge is to know the extent of one's ignorance" - Confucius0 -
If anyone has a conflict of interest it is the solicitor not the EA.0
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