Conveyancying via estate agent mistake

KING5TON

Hi



I'm a first time buyer and I've recently had an offer accepted on a house via Express estate agency.
On the call with the agent after he confirmed the offer he offered to sort out the conveyancing for me.
In the moment with adrenaline and endorphins flooding my system it seemed like a good idea since the agent will want the sale completed quickly so they get their commission ASAP.
I payed a £118 deposit on the spot without getting a formal quote.
Shortly after I'd finished the call I thought "What the heck have I just done" and emailed the agent asking who exactly I'd just agreed to be my conveyancer and what the £118 was for.
He confirmed that is was a deposit to kick start the process off and I'd have it refunded off the bill at the end of the process.
He also confirmed that he had placed me with the conveyancer JS Law.
I asked if there were any issues with them what would happen and he said I could switch to another of their recommended solicitors on their panel without losing the deposit.
I'm getting a mortgage via a broker and he seemed to think there shouldn't be an issue with them but warned of changing conveyancer once the mortgage application has been started.
There's a bit of a time constraint on the current mortgage deal I'd like to go for so instructed my mortgage broker to start the ball rolling.
He checked the lender would be OK with JS Law and they would be as long as they only had one office(they do).
In the meantime I requested a quote from JS Law via their website and had a call with one of their members of staff and he said that the quote relating to Express Estate Agency would be unique to them as they have a deal with them. I asked how much it would cost to go direct and he quoted £1450odd.
This is quite a bit more than the quotes I've had from other solicitors and conveyancers which have been in the £850 to £1050 range for a local one. JS law are miles away from where I live.

I'm now not sure how to proceed, I'm waiting on JS law or Express Estate Agency to contact me regards conveyancer. I haven't signed anything yet just paid the deposit.
I feel a right wally for agreeing to this and paying the deposit as I normally like to have a good think about things.
I'm trying to decide if I should just tell Express that I'm going to sort my own conveyancer, lose the £118 and risk an issue with the mortgage application to source a local conveyancer or wait for the quote from JS Law/Express and if it's no more than £1168 (£1050 + £118) go with them.


Thoughts much appreciated.

Ben1989

I'm a first time buyer and in the soliciting process so I have absolutely zero experience to comment.

However, we've actively avoided anything that linked the estate agents, broker, surveyor and solicitor together.

We didn't want anybody in this process incentivised by other parties in the process. I could be completely wrong though

KING5TON

My Mortgage Broker is independent of the estate agent and the conveyancer. It's only the estate agent and conveyancer that are linked.



I don't really want to lose £118 but it's a sacrifice I'm willing to make. My issue with just cancelling with Express/JS law regards the conveyancing that it will negatively affect my mortgage application somehow as they'll be iffy about a sudden change.



I just want the process to go as smoothly as possible (big ask I know).

Ben1989

I could be wrong but I'm fairly confident it's your broker that tells your lender which law firm you've gone with. So unless you've told your broker who you're going with it will make no difference.

I'd wait until somebody more experienced comes along before listening to me however.

And just to say, £118 in the grand scheme of this whole process (and doing it correctly) is nothing.

G_M

Your choice of conveyancer will not affect your mortgage offer (provided you use someone on the lender's panel).

It is certainly general advice here not to use an agent's recommended conveyancer, but to select your own.

As for the £118, I suspect they would have to return it if you change your mind. The fact that you had not been given a quote and therefore had no idea what the cost would be, at the time you paid, plus the fact that you have not yet (presumably?) signed the conveyancer's terms of service/contract, means you should be able to withdraw.


i would put that in writing to them requesting a refund.


Then visit 3 local solicitors in your high street

KING5TON

I've not signed anything whatsoever so far.

All that's happened is I had the offer accepted yesterday, paid the £118 via debit card, been to see my mortgage broker and provided him with my bank statements, payslips and he took photocopies of my passport and driving licence and he's primed to submit the mortgage application.

Just had an email from the mortgage broker asking if I'm happy for him to proceed with submitting the mortgage application so it's not submitted yet.

He said the rate I can get is likely to be withdrawn tomorrow hence the desire to get the application in now.

I could ask him to hang fire and just get a slighly worse rate.

G_M

I'm confused!
Is your problem with the conveyancing or the mortgage? They are totally unrelated.


Why wait if there's currently a good mortgage deal which you'll miss?

jaybeetoo

Tell the estate agent to stop until you have a formal, written quote for conveyancing. I believe (but could be wrong) that the distance selling regulations mean you can ask for your deposit back.

You need to check that your conveyancer will be accepted by your mortgage provider.

KING5TON

My mortgage broker called the lender and they would be ok with JS Law.

Ben1989

Have you spoken with your broker about changing your conveyancing provider?

You could be making a bigger deal out of this than is necessary

KING5TON

Yeah, just replied to his email and I expressed my concerns, he's contacting the lender to check if the rate is definitely going to be withdrawn tomorrow.