Can a buyer insist that we use a solicitor?

theoretica

The buyers may decide not to buy for any reason they choose - so the buyers can insist on anything, sensible or silly.  If it is a deal breaker for you then you let them walk away, but in this case I suspect you might have difficulty finding a replacement buyer who does not have this request.

fwor

I suppose the EA could share with the solicitor the ID confirmation that they got about us (via a third party, Veriphy)?

I guess the issue is that if ID checks are so critical, and not solvable in any way other than by using a solicitor, then surely DIY conveyancing would no longer be possible, for anyone?

lr1277

There may be ways around it, but I am not experienced enough in the process to offer an alternative. Remember the solicitor is regulated and the EA is not.

[Deleted User]

As the buyers to pay an extra £1000 to cover you having to use a solicitor.  Simples

user1977

fwor said:

I guess the issue is that if ID checks are so critical, and not solvable in any way other than by using a solicitor, then surely DIY conveyancing would no longer be possible, for anyone?

We're not too far away from that position, yes. I wouldn't expect the solicitors to rely on the word of the estate agents about your identity.

fwor

As already said, the EA engaged the services of a third party (Veriphy) so it would not be the word of the EA. But the buyer's solicitor could of course choose not to want to use that info - because it is in their interests to force buyers into having to use a solicitor...

And I know nothing of the relationship between Veriphy and the EA, so it may be that the ID info cannot be shared with anyone else.

Jude57

I would say that it's the purchaser's mortgage lender who is insisting on this. The lender may have this as a standard condition of lending and they generally are, understandably, pretty risk averse. Remember, when you need a mortgage to buy a property, the solicitor acting for you also acts for the mortgage lender so needs to be satisfied that they are protecting both lender and purchaser.

If I were the lender, I'd be insisting on only regulated professionals dealing with the tens/hundreds of thousands of pounds I was risking. Some fee charging verification firm wouldn't meet my requirements.

Edited to add, Veriphy charge £4 for ID checks. I'm all for saving money but for £4 I doubt there's any comeback if they get it wrong. 

lr1277

You seem to have the view that solicitors are money grubbers in it for themselves or other people in their profession.  That is certainly a viewpoint.

However I suspect these checks are necessary because of laws passed by parliament or regulations passed by government (bodies).

fwor

Thanks for the advice - I'll go and take a look at the Which? guide on the subject, but at the moment my take on it is that we are probably best off just stumping up the cash and getting rid of the extra risk. It's hard to overcome my distaste at having to pay for something which has so little value to us, but perhaps this is a battle best avoided!

Thrugelmir

lr1277 said:

You seem to have the view that solicitors are money grubbers in it for themselves or other people in their profession.  That is certainly a viewpoint.

However I suspect these checks are necessary because of laws passed by parliament or regulations passed by government (bodies).

Also to minimise the risk of fraud. With thousands of pounds at stake the mortgage lender is highly exposed.