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

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  • pphillips
    pphillips Posts: 1,631 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    davilown said:
    I might be wrong but from the point you said okay 
    Only if you say okay in their office, otherwise the distance selling regulations kick in and you have a 14 day cooling off period.
  • NatNat77
    NatNat77 Posts: 314 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    It's possible that they're no sale no fee? You may already have checked that though
  • eddddy
    eddddy Posts: 17,965 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 16 May 2021 at 9:17PM
    pphillips said:
    davilown said:
    I might be wrong but from the point you said okay 
    Only if you say okay in their office, otherwise the distance selling regulations kick in and you have a 14 day cooling off period.

    That's misleading - in the context of typical solicitor's contract.

    • If you tell a solicitor to start work straight away - then cancel the contract after, say, 14 days - they will charge you for any work they've done during those 14 days  (exactly as the law allows them to).

    But a typical solicitor's contract will essentially say...
    • if you cancel the contract after 15 days - they will charge you for the work they've done during those 15 days
    • if you cancel the contract after 30 days - they will charge you for the work they've done during those 30 days
    • if you cancel the contract after 100 days - they will charge you for the work they've done during those 100 days

    So the 14 day cooling off period is irrelevant - you can cancel the contract on the same terms at any time, before or after 14.days is up.
  • pphillips
    pphillips Posts: 1,631 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    eddddy said:
    pphillips said:
    davilown said:
    I might be wrong but from the point you said okay 
    Only if you say okay in their office, otherwise the distance selling regulations kick in and you have a 14 day cooling off period.

    That's misleading - in the context of typical solicitor's contract.

    • If you tell a solicitor to start work straight away - then cancel the contract after, say, 14 days - they will charge you for any work they've done during those 14 days  (exactly as the law allows them to).

    But a typical solicitor's contract will essentially say...
    • if you cancel the contract after 15 days - they will charge you for the work they've done during those 15 days
    • if you cancel the contract after 30 days - they will charge you for the work they've done during those 30 days
    • if you cancel the contract after 100 days - they will charge you for the work they've done during those 100 days

    So the 14 day cooling off period is irrelevant - you can cancel the contract on the same terms at any time, before or after 14.days is up.
    Was not intending to be misleading, in my experience a solicitor will not start work within 14 days unless you waive the cooling off period. 
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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.
    That's a personal preference in more normal times, past year has been extreme circumstances. The monies paid for the searches being lost if the transaction doesn't proceed. Also where you sit in the chain and the number of parties involved. The chain only completes when the slowest party is ready. Rush rush rush doesn't always get you any further any quicker. 
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They've already sent you the forms out. That will count as 'various disbursements' on your bill. Ten minutes work, £60 should cover it.
    No free lunch, and no free laptop ;)
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