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Can a buyer insist that we use a solicitor?

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Comments

  • fwor
    fwor Posts: 6,892 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I cross-posted with the last couple of replies, but I agree - it may be best to just pay and avoid the risk.

    I'm not quite in the position of saying that solicitors are money-grabbers, but I do think there is an element of wanting to stitch up the whole of the conveyancing market and kill off DIY where possible.

    I personally enjoy DIY because it's a good way to understand the process. I DIY'ed probate a couple of times recently for that reason and it was not an especially difficult process, once you understand the terms used.
  • user1977
    user1977 Posts: 18,494 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    There's no great closed-shop conspiracy going on because solicitors are worried about DIY conveyancers taking over their market, it's much more about the potential risk and hassle involved when you probably represent about 1% of cases.
  • fwor
    fwor Posts: 6,892 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I didn't say there was a conspiracy. In my opinion it is solicitors looking to their own interests. You don't have to propose a "great conspiracy" to see that that could be a factor.
  • Jude57
    Jude57 Posts: 768 Forumite
    Ninth Anniversary 500 Posts Name Dropper
    See the other thread 'House Stolen and Sold' just posted in this board. The worst can and does happen. It's rare but in that case the home owner will be one of the losers, as he's unlikely to be able recoup his costs, incurred through no fault of his own. No one was DIYing in that case but, for me, I'd want the reassurance of accountability all along the line.

    I understand the attraction of doing your own conveyancing and have done my own on several occasions over the years but the difference for me was that, as a legal executive working with solicitors, I was covered by their insurance, as I always got one of them to sign off my work. Now I'm retired, I wouldn't do it . I'd rather pay someone to take the responsibility.
  • user1977
    user1977 Posts: 18,494 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    fwor said:
    I didn't say there was a conspiracy. In my opinion it is solicitors looking to their own interests. You don't have to propose a "great conspiracy" to see that that could be a factor.
    Depends what you mean by "their own interests". They're not going to benefit from another solicitor getting a fee out of you.
  • fwor
    fwor Posts: 6,892 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 1 November 2021 at 4:36PM
    user1977 said:
    fwor said:
    I didn't say there was a conspiracy. In my opinion it is solicitors looking to their own interests. You don't have to propose a "great conspiracy" to see that that could be a factor.
    Depends what you mean by "their own interests". They're not going to benefit from another solicitor getting a fee out of you.

    You don't have to be any sort of genius to see that one solicitor making business for another solicitor suits the interests of solicitors in general. I think that aspect of this subject has been covered as far as it needs to, thanks.
  • Jumblebumble
    Jumblebumble Posts: 2,040 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    edited 1 November 2021 at 5:26PM
    fwor said:
    user1977 said:
    Not quite true, though it may increase the risk enough for the lender to be concerned. But I would wait to see what their solicitor says rather than trust the EA to know what they're talking about.


    Thanks - that's what I was thinking - that the EA is just stating a "general rule" rather than because they know anything specific about the lender.

    I've heard of (and experienced) bad behaviour by solicitors who don't want to deal with people who don't have their own solicitor - but in this case it's a dead simple sale which doesn't (IMO) justify spending up to £1k on a solicitor who won't be doing very much.
    Perhaps the solicitors do not want to deal with entities that are not able to give undertakings or maybe they do not want to deal with entities that do not have professional indemnity insurance
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