Instructing a solicitor.. at what point is work chargeable?

CompletelyLost

We are selling our property and now have an offer that we have accepted, and are now looking for a property to purchase. We have been looking for 3 weeks but found nothing suitable yet.
Our estate agent is pushing us to find a solicitor as the buyers are pushing. We got 2 quotes, and have said OK to one. They have sent us a lot of forms to complete. 

At some point work becomes chargeable. Can anyone clarify at which point this is? Do I need to advise the solicitor not to start chargeable work until we have a property to move to (offer accepted)?

Thanks.

davilown

I might be wrong but from the point you said okay 

AdrianC

The solicitor is unlikely to do any work until the chain is complete. But just check with them...

eddddy

CompletelyLost said:

At some point work becomes chargeable. Can anyone clarify at which point this is? Do I need to advise the solicitor not to start chargeable work until we have a property to move to (offer accepted)?

It's up to you to tell the solicitor when you want them to start doing chargeable work.

One reason you might want them to start straightaway is to show your buyers that you are serious about selling, and so that your buyers show you that they are serious about buying by paying some legal fees.

Both parties are less likely to 'give up and walk away' if they've each committed to paying some legal fees which they would lose.

But equally, some people prefer not to commit to paying anything until a chain is complete.

fishfingerbutties

The usual advice is not to do any of the bulk stuff until the chain is complete.

But it's good to have solicitors lined up ready as you've done. I had chosen ones and file open ready before even selling or buying, and paid a small deposit to undertake initial checks. It helps to show you are serious to at least have them selected, even if they aren't yet undertaking anything. I certainly wouldn't be expecting them to do anything until the chain is complete.

Sandtree

Solicitors aren't known for working for free and so all work is "chargeable" 

Best route forward will depend on what you intend to do about your buyer if you cannot find where you want to buy quickly.

user1977

CompletelyLost said:

We got 2 quotes, and have said OK to one. They have sent us a lot of forms to complete. 

At some point work becomes chargeable. Can anyone clarify at which point this is? Do I need to advise the solicitor not to start chargeable work until we have a property to move to (offer accepted)?

If it's not clarified anywhere in the "lots of forms", you'll need to ask them.

Thrugelmir

Once the mortgage offer is received. The solicitors will request the searches and commence work. 

Scotbot

To be certain tell them in writing not to commence work until you confirm the chain is complete

ss2020jd

As a seller the first forms are usually the property information form and the fixtures and fittings form, along with requests for various bits of paperwork and certification for boiler, electrics etc. As you’d have to submit and compile this paperwork for any buyer, it should in theory be transferable, even if these current buyers didn’t proceed. It’s good to have this ready to go in general to avoid delays down the line locating it. You could always check with your solicitor if the costs/work for that stage is transferable and tell them to hold off on the draft contract until you are further ahead but usually buyers will be looking to get moving with things to show commitment. 

goodwithsaving

Thrugelmir said:

Once the mortgage offer is received. The solicitors will request the searches and commence work. 

Not always. For example, I always kick off searches while the mortgage offer is awaited, particularly given searches in some parts of the country are taking up to 11 weeks.