We're looking to renegotiate. What role should our solicitor play, if any?

joanofarcadia

My husband and I are looking to buy a place and had our offer accepted on a property that we liked. However, the searches have come back with some information that we believe (and have corroborated with others) may reduce the value of the property to well below the price we offered (some major sewers running under the garden). Interestingly, our conveyancing solicitor didn't point the issue out himself - we had to check with our surveyor and a few others familiar with the issue to realize it was very material, and that we should renegotiate at this stage. As we start to renegotiate, what role should we expect our solicitor to play? Should we check with him beforehand and try and get some advice on how to proceed? Should we just inform him and then deal directly with the estate agent? Just a bit confused about what role he should be playing in this situation, if any.

princeofpounds

Beyond confirming the new price with him, which he will then cross-check with his counterpart on the other side with a letter at some stage, not much.

Solicitors aren't particularly concerned with what you pay for anything.

Rambosmum

Not a lot. Although if you are considering withdrawing if the vendor won't renegotiate I would be asking the solicitor to pause their work, reducing the costs to you. 

Just ask him to pause, confirm the new price with him once agreed and confirm he can restart. 

Rambosmum

The negotiation itself should go through the estate agent. 

Mickey666

A solicitor does what you instruct him to do.  In the case of a house conveyance that would usually just include the legal aspects of the purchase while you do all the negotiations.  There’s no reason why you shouldn’t ask your solicitor to do anything else, but expect to pay for his time as an extra to the basic conveyancing work.
Most people would negotiate through the EA.   The clue is in the word ‘Agent’ and they working on behalf of the seller.  Personally, I prefer to deal directly with the seller and have always bypassed the EA, but some sellers prefer to work only through their EA, which is fair enough - their sale, their rules.
There are many similar posts on MSE asking how to justify renegotiating a previously offered price, but there’s no absolute reason to do so.  As the buyer, you have your reasons and that’s all that matters.  If you wish to disclose them then fine, but all that really matters is whether the seller accepts the revised price.  You cannot insist on a new price because of x or y reason if the seller doesn’t agree.  That’s what a negotiation is all about - finding a deal that both sides can accept.

People tend to be polite and most are not used to negotiating such high value and important transactions, so they are often ‘worried’ about what the other party may think If they make a revised offer.  Just remember that you’re buying a house, not a life-long friend.  YOU are the most important party and you will never see the seller again, so concentrate on your own feelings about the deal, not the seller’s feelings.  Sounds harsh, I know, but business is business.

joanofarcadia

Mickey666 said:

A solicitor does what you instruct him to do.  In the case of a house conveyance that would usually just include the legal aspects of the purchase while you do all the negotiations.  There’s no reason why you shouldn’t ask your solicitor to do anything else, but expect to pay for his time as an extra to the basic conveyancing work.
Most people would negotiate through the EA.   The clue is in the word ‘Agent’ and they working on behalf of the seller.  Personally, I prefer to deal directly with the seller and have always bypassed the EA, but some sellers prefer to work only through their EA, which is fair enough - their sale, their rules.
There are many similar posts on MSE asking how to justify renegotiating a previously offered price, but there’s no absolute reason to do so.  As the buyer, you have your reasons and that’s all that matters.  If you wish to disclose them then fine, but all that really matters is whether the seller accepts the revised price.  You cannot insist on a new price because of x or y reason if the seller doesn’t agree.  That’s what a negotiation is all about - finding a deal that both sides can accept.

People tend to be polite and most are not used to negotiating such high value and important transactions, so they are often ‘worried’ about what the other party may think If they make a revised offer.  Just remember that you’re buying a house, not a life-long friend.  YOU are the most important party and you will never see the seller again, so concentrate on your own feelings about the deal, not the seller’s feelings.  Sounds harsh, I know, but business is business.

This is very helpful, and gives us some courage - thank you!

greatcrested

Negotiate either direct with the seller or via the estate agent.

Inform the solicitor of whatever new price is agreed.

If negoiations are taking time, instruct the solicitor to temporarily stop work (to reduce his fees if the deal falls through).

But I'm not convinced your sewer issue justifies a price reduction. As seller, I suspect I'd decline any reduced offer you made, but by all means try.

henry24

What difference does having a sewer pipe under the garden make? Do you never go to the toilet?

Thrugelmir

Does help to maintain just one thread. Otherwise people aren't aware of the full story. The mention of sewers struck a chord in my mind. 

https://forums.moneysavingexpert.com/discussion/6197596/big-public-sewer-under-garden-will-it-affect-house-value-future-sales/p1

babyblade41

The way you negotiate the price is probably to discuss via the agent and the solicitor usually puts it into legalese ..However I'm not sure why you are looking for a reduction due to the sewer ..where would you like it to be .

Aren't all sewers major as without them it would get pretty messy unless we all invest in water treatment plants 

davidmcn

babyblade41 said:

Aren't all sewers major as without them it would get pretty messy unless we all invest in water treatment plants 

Generally speaking, you're in charge of the pipe draining your own property, and it doesn't have a significant no-build zone surrounding it.