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When to hire a solicitor when buying?

We're first time buyers and sale agreed on a property. We're waiting on the mortgage application to be accepted but it should be no problem - our mortgage broker has been sorting it and we have none of the pitfalls which prevent mortgages, and we have a strong DIP.

The EA is pushing us to get a solicitor now - however we're receiving mixed advice on this.

Some saying we should wait until the mortgage is approved and the property has had a survey done.

Others saying we should have had a solicitor even before we put a bid in!

We're not in the business of trying to screw anyone over, we just want to do what is the normal thing. Problem is we can't get a straight answer on what that is.

If we get a solicitor now and they start some conveyancing work, then the purchase falls through due to a very poor survey, do we still owe the solicitor for the work done? If so would we not be better waiting until the survey is complete? Or do solicitors fees only apply when purchase is complete?

Thanks for any help!

Comments

  • csgohan4
    csgohan4 Posts: 10,600 Forumite
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    You can have a solicitor in mind but advise them to not start Any work until you give them the go ahead. 

    however how long will survey mortgage offer take? your vendors/EA seem inpatient. Bare in mind the solicitors will need to undertake searches which in itself takes time.

    Personal preference tbh, no right or wrong answer. 
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • eddddy
    eddddy Posts: 17,746 Forumite
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    edited 21 March 2021 at 1:30PM

    As above, get quotes from solicitors now, and decide which one you want to go with - and give their details to the EA.

    But tell the solicitor not to start any chargeable work until you say so. 
  • csgohan4 said:
    You can have a solicitor in mind but advise them to not start Any work until you give them the go ahead. 

    however how long will survey mortgage offer take? your vendors/EA seem inpatient. Bare in mind the solicitors will need to undertake searches which in itself takes time.

    Personal preference tbh, no right or wrong answer. 
    Mortgage broker seems to think our offer should come back very quickly as nothing there to trip it up.

    Don't know how long we'd be waiting on a survey after that though!

    Vendor is no problem (so far), very understanding of our position, it's the EA who are a pain already.
  • Wren14
    Wren14 Posts: 60 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    As soon as our offer was accepted the MB and EA asked for our solicitor details, which we didn't have! Que mild panic while we found ourselves one that was local to us and had good reviews.
    We are 8 weeks into buying and selling now and all searches should be back soon and we are answering enquiries. Just waiting for the formal mortgage offer to be approved (Dip was no problem) and then I think that's the hard work done. We are confident the mortgage will be approved and as searches can take 4 weeks + to come back we didn't see the point in holding things up.
    Worth mentioning that we are on a 'No completion, no fee' deal with our solicitor. 
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Obtain some estimates from solicitors. Although the one you decide to use won't start any work yet. You need to start the balling rolling. The solicitors will need to issue you with their T&C's etc  and ID check you. All of which takes time in this Covid era. 
  • We were asked for details of the solicitors we were using as part of our application for the mortgage (with Barclays) 

    We had to make sure that our chosen firm were on Barclays “panel” but your broker/advisor should be able to check this for you! 
    As I understand it, there’s no harm in calling a firm and asking if they will work for you-  you can ask them not to start work until a certain point but it may be good to get “on their books” as I have heard that, depending on how busy the market is in your area, people are having trouble finding solicitors with the capacity to take on new clients. 
  • FaceHead
    FaceHead Posts: 737 Forumite
    500 Posts Second Anniversary Name Dropper
    Agree with the above - to summarise there are two separate things: choosing a solicitor and instructing a solicitor to begin work, which in practical terms means pay them. 

    Choose a solicitor early, while submitting offers, so you have it sorted by the time an offer is accepted, and you can then give the details to the EA and mortgage lender/broker. 

    You could wait for the mortgage to be approved and/or the survey to come back before instructing the solicitor to begin work. If you're in no hurry, or forsee problems with the mortgage/survey, this is sensible. Alternatively you might go searches from the solicitor first (if you smell an issue) and survey later.

    It boils down to trying to find an issues early, so you can minimise cost should you need to pull out. However, there's no harm in locking in a quote from the solicitor (and surveyor)  early doors. 
  • Redwino222
    Redwino222 Posts: 490 Forumite
    100 Posts Second Anniversary Name Dropper
    I instructed my solicitor as soon as I was sale agreed.  I am happy to take a bit is a risk and get some of the weird started because I really want this house - and I would like a chance to complete before the stamp duty rates change.

    the mo at important thing is to get a good solicitor.  I have moved with a rubbish solicitor and it was incredibly stressful.  You need someone who is on the ball and professional.  It’s with a few xtra quid to get a good service
  • Scotbot
    Scotbot Posts: 1,524 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    You pay for any work the solicitor does. Get quotes and appoint a solicitor as soon as you have an offer accepted but instruct them in writing not to do any work until you inform them the survey is complete 
    The solicitor needs to be on your lenders panel which your broker can provide.


  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The stamp duty holiday has been extended till the end of June and many conveyancing solicitors are very busy.
    So have you decided on a lender ?
    Do you have a solicitor in mind ? Family or Friends recommendations !
    Even registering with a local firm and have ID checks completed is a start
    Standing in front of the estate agents and nodding your head when asked do you have a firm of solicitors looks more professional.
    Using a mortgage advisor may help you get the best possible mortgage deal.
    Checking your credit score and making sure you have a Decision in principle from a lender all looks good and shows your committed buyers and Not a waste of time.
    Having the deposit in the bank, savings for paying for survey, searches, other checks GSC, damp inspection, builder, electric check etc
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