Conveyancing: is legal pack for auction the same as for regular sale?

Biki

Hi all, 

I am a first time seller and hope someone with more experience can advise.

I decided to put my flat up for auction with the same agent who was doing the regular type sale (I think it's called private treaty). This was because the market was so slow with very few viewers. I paid the agents for a legal pack in advance with a solicitor they chose. 

While waiting for the legal pack to be completed, along with the auction contract, someone put in a fair offer so I let the solicitor and agent know I was happy to accept that. The auction contract had not been sent to me so I assume that wasn't ready to go ahead.

Now the solicitor has sent the legal pack over to the buyers solicitors but is asking for money on account. They don't seem to know about the payment I made already and say that was for an auction anyway.

I am still communicating with everyone about this but want to know if anyone has had a similar experience. Is an auction legal pack that different from a regular sales pack? I was lead to understand by the agent it was the same and lasts for 6 months.

I am happy to pay the solicitor more money on account but they didn't even send an invoice when they asked for it, and quoted more for conveyancing than I expected. I am not sure if I want to go forward with them. 

I don't want to hold up the sale by being a worried newbie but also don't want to be overcharged unnecessarily.

Thanks for any insight or links to where to learn more or get help.

user1977

We don't know what was said about "the payment I made already" - what were you told that was for, who did you pay it to, and how much was it? What are you being asked for now? Is it definitely being sold as a "normal" sale, rather than as an auction property sold prior to auction?

Biki

Yes, it is a normal sale. It was still listed on rightmove etc prior to going to auction and someone put in an offer. The Auction had not proceeded yet and I had not been given an auction contract.

The legal pack was still waiting for searches to be returned when the offer was made. I dont think it can go to auction until the legal pack is ready. I paid the agents for a legal pack for the auction but understood it was for any kind of sale and valid for 6 months.

user1977

Biki said:

I paid the agents for a legal pack for the auction 

And did they say what the "legal pack" comprised?

Which country is the property in?

GDB2222

I am not a solicitor, but I would expect that preparing an auction pack is far less work than a normal conveyance. The reason is that, at auction, there are no pre-contract enquiries and no haggling about the contract.

eddddy

From your post, it sounds like you've been instructing your solicitors without getting clear fixed-price quotes first.

For example, a solicitor's quote for an auction might be something like this:

Preparation of legal pack: £x
Completion of sale, if property sells at auction: £y

Then, when you accepted the offer, you could ask the solicitor "Will you charge an extra fee for completing the sale by private treaty? If so, how much?"

Maybe you should ask your solicitor for a fixed-price quote now, before proceeding any further.

Biki

That's good to know. I was given quotes for 
Preparation of legal pack: £x
Completion of sale, if property sells at auction: £y
as you described, by the agents and was waiting for this legal pack to be done. The solicitors sent it to the auctioneers but not to me so I don't know what it entailed. But the auctioneers never got back to me to go forward, or send me a contract, or respond to enquires after that which is why I feel a bit out of sorts about the situation.

The solicitors have now given me a conveyancing quote but I had to ask for it. And they have already sent something to the buyers solicitor. Neither the agent or solicitor replied to my emails asking what happens when the situation changes from an Auction to an offer.  

The solicitors fee is higher than my local one and the solicitor is a trainee under supervision (which might be OK - I don't mind supporting students). 

I just feel things are in a bit of a muddle and communication isn't clear.