Same solicitor as vendor

misswestwater

Hi
I wanted to put an offer in on a house end of July but my usual solicitor was an furlough so I was recommended a solicitor by the estate agent selling the house. The offer was accepted the same day. The solicitor firm has been awful throughout but we are now due to complete on Tuesday (4 days away). They sent the missives for me to sign yesterday (friday) and in the covering letter it mentioned that they were also acting for the vendor, that this isnt usually allowed but if both parties are fine with it it's ok. This is the first I've heard of this and I'm really annoyed I wasnt made aware. I now feel I have no choice but to sign due to there only being a few days to completion date. I wouldn't have used them had I known this. If I get another solicitor now would I have to pay fees for both? Is there anything I can do other than report them to the Law Society? 
 

dimbo61

Is this Scotland ?

davidmcn

dimbo61 said:

Is this Scotland ?

Reference to missives suggests yes, but the parties don't normally sign the missives personally (the solicitors do that) - so perhaps not. The rules about separate representation are stricter in Scotland than England, you certainly aren't allowed to act for both parties just because they both say they're happy with it.

greatcrested

'recommended by seller's estate agent' and 'same solicitor as seller'?

Ouch!

ChewyyBacca

I only see ''Conflict of Interest'' on the bumper sticker !

misswestwater

Yes I'm in Scotland. Surely they should say at the start they were presenting us both, not just as we are signing? By missives I meant the minute of agreement basically confirming sale /transfer. They have also added a clause to these basically saying I am.happy for one firm to act for both of us. Thing is I'm not happy, and wouldn't have used them if I'd known this. Don't want to lose house but also think this is all very shady. I can't trust now that conveyancing will have been thorough and any problems honestly highlighted - it's a new build but first time I've bought one and am aware they have issues too. We have heard zero from the firm about conveyancing issues - no confirmation of what they've checked is this also normal? Have only ever bought old houses with a very thorough and efficient solicitor before! 

misswestwater

By new build I mean 5 years old

davidmcn

misswestwater said:

Yes I'm in Scotland. Surely they should say at the start they were presenting us both, not just as we are signing? By missives I meant the minute of agreement basically confirming sale /transfer.

Right, that doesn't sound like the missives - is it just your agreement to the firm's terms of business? If it's at such an early stage that would explain why they hadn't already discussed the potential conflict of interest or gone into any legal advice so far.

But like I said above, they really shouldn't even be trying to act for both parties. The Law Society's rules are here.

The only relevant exceptions are:

(b) the parties are connected;

(c) the parties are related by blood, adoption or marriage or civil partnership, one to the other, or the purchaser, tenant, assignee or borrower is so related to an established client; or

(d) both parties are established clients or the prospective purchaser, tenant, assignee or borrower is an established client; or

(e) there is no other regulated person in the vicinity whom the client could reasonably be expected to consult

none of which sound like they'd apply to you. I think worthy of a complaint to the firm.

misswestwater

No it's the final signature needed to complete the sale (Scotland) and definitely the 'point of no return' so we are at the absolute last stage rather than the start. Our offer was made and accepted nearly 2 months ago. We are meant to get keys on Tuesday. And we learned about this yesterday (Friday). I'm so annoyed. 

misswestwater

The terms of business were sent out the say after offer was made and accepted and didn't mention they were dual presenting at all. That was the point we agreed to use them to represent us and pay fees for their service. 

davidmcn

Can you clarify what it is you're actually being asked to sign? If you're buying then normally the only thing you actually need to sign is the mortgage deed (Standard Security), the missives are between the solicitors, and the Disposition is only signed by the seller.

Are you saying you've had absolutely no advice at all about the missives or the title etc? That in itself is pretty bad, leaving aside the conflict of interest.