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Vendors responding to my(buyer)solicitor directly
MrBog
Posts: 25 Forumite
Is there a legal requirement for replies to my solicitor's enquiries to come through the vendors solicitor, or it is all the same if the vendor replies to my solicitor directly?
I'm asking because there is a considerable time loss between the 2 solicitors and a lot of time could be saved by cutting the middle man.
I'm asking because there is a considerable time loss between the 2 solicitors and a lot of time could be saved by cutting the middle man.
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Comments
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Effectively, yes - solicitors aren't allowed to contact another solicitor's clients directly. And there is sometimes valuable work involved in translating the vendor's responses into something meaningful (or preventing them from putting their foot in it...).4
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Solicitors also work for the mortgage companies involved. They are also the solicitor's client. You are paying their fees within your costs.0
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Sadly, although "a lot of time could be saved by cutting the middle man", your solicitor is not allowed to be in direct contact with either a purchaser or a vendor.
I had a situation a couple of years ago where my purchaser's conveyancers didn't contact her for weeks at a time, but I was able to keep her updated with communications from mine. That didn't relate to the kind of queries that pass between solicitors, however.0 -
Sadly not. It's a total stitch-up and they know it. Explains the arrogance.0
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Thrugelmir, I'm intrigued by this. Surely a solicitor always has to work in the best interests of the client and can't possibly do that if there are two clients involved? I know the law is different in England, but I am aware of cases in Scotland where the solicitors have had to walk away from being on both sides of simple conveyancing cases.Thrugelmir said:Solicitors also work for the mortgage companies involved. They are also the solicitor's client. You are paying their fees within your costs.0 -
You are of course welcome to do your own conveyancing work and avoid being stitched up. You might easily get it right after the first two or three.teachfast said:Sadly not. It's a total stitch-up and they know it. Explains the arrogance.
No reliance should be placed on the above! Absolutely none, do you hear?4 -
While the potential for a conflict of interest always has to be borne in mind, there's generally not much scope for it in a normal purchase - a buyer and their lender are, on the whole, wanting the same things. Only an issue if a buyer is keen to take a view on something which the lender doesn't like (e.g. something adverse in their own survey, or the surrounding circumstances of the transaction such as the source of the buyer's funds).Apodemus said:
Thrugelmir, I'm intrigued by this. Surely a solicitor always has to work in the best interests of the client and can't possibly do that if there are two clients involved? I know the law is different in England, but I am aware of cases in Scotland where the solicitors have had to walk away from being on both sides of simple conveyancing cases.Thrugelmir said:Solicitors also work for the mortgage companies involved. They are also the solicitor's client. You are paying their fees within your costs.2 -
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Apodemus said:
Thrugelmir, I'm intrigued by this. Surely a solicitor always has to work in the best interests of the client and can't possibly do that if there are two clients involved? I know the law is different in England, but I am aware of cases in Scotland where the solicitors have had to walk away from being on both sides of simple conveyancing cases.Thrugelmir said:Solicitors also work for the mortgage companies involved. They are also the solicitor's client. You are paying their fees within your costs.
If there is a such conflict, the solicitor has to advise the Lender they can no longer represent them and hand back the mortgage instructions.1 -
You can buy and sell without a solicitor- just doing it all yourself, but legal fees are one of the better value things in a property transaction so why wouldn't you use a professional?
If the solicitors are taking ages to do things, either raise it with yours or get the estate agent to raise it. One of the agents most important jobs is to make sure the sale is progressing. (Online only EAs don't have this incentive though as they get paid regardless, which is why many on here won't view a house being sold by them)0
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