Slow conveyancing causing losses - any appeal/claim realistic?

DoctorVictim

Hi there,

Made the fatal error of using Strike conveyancing (premier property lawyers) to sell my late mothers home back in August. They are beyond useless as everyone on this forum is likely aware! But we weren't in a hurry to complete, so given the buyer was using Strike too we proceeded.

Fast forward 28 weeks and we are still on answering basic queries i.e please confirm the client informed the landlord of the occupiers death. I had answered these questions when the first query pack was sent over about 4 months ago, and they are still outstanding. I have no idea how, as I have chased for updates multiple times per week, but they just don't have a clue what they are doing.

Sorry for the spiel but basically, the property was shared ownership so we have been incurring rental costs every month. 

Realistically do we have any options here of claiming costs, or are conveyancing contracts so loose it would be difficult/costly to prove their poor quality of service is linked to costs that should not have been incurred by ourselves? I mean there are clear e-mail trails of providing documentation months ago only to be asked for them again only last week.

Thanks for any help!

user1977

Who are you blaming here? Your own conveyancer or your buyers?

DoctorVictim

user1977 said:

Who are you blaming here? Your own conveyancer or your buyers?

My own conveyancer. The buyers have been chasing just the same as me - both have no chain fyi.

user1977

You can complain about poor service and hope to get something off the fee. You're not going to get them to indemnify you against other costs, otherwise where would that end (what if property prices fell during the transaction etc). If you need the transaction done faster, uninstruct them and get somebody else on the case.

(also, why do the buyers want to know whether the landlord's already been told about the death? Seems an odd one to ask in the first place...)

NameUnavailable

I am guessing they have done other stuff in those past 28 weeks - do you know how close you are to exchange, apart from those queries you mentioned?

I know someone who used the same solicitors for a transaction and it ended up causing delays - they have a potential conflict of interest and the cases must be handled by different parties (branches ideally) and I got the impression from what they told me at the time that the solicitors were being extra cautious, often double checking info provided.

DoctorVictim

user1977 said:

You can complain about poor service and hope to get something off the fee. You're not going to get them to indemnify you against other costs, otherwise where would that end (what if property prices fell during the transaction etc). If you need the transaction done faster, uninstruct them and get somebody else on the case.

(also, why do the buyers want to know whether the landlord's already been told about the death? Seems an odd one to ask in the first place...)

I'm honestly not sure about the query I just answered it, but it is strange. Agreed re. where would it end but I guess house prices would be a flimsy case as they are speculative where as this fixed cost is...well known. Are there any issues with uninstructing? Would I pay the full fee minus exchange costs? Can I request any case progress to date? I am actually buying and selling my own house at the moment and instructed conveyancers so I could probably get them involved.

DoctorVictim

NameUnavailable said:

I am guessing they have done other stuff in those past 28 weeks - do you know how close you are to exchange, apart from those queries you mentioned?

I know someone who used the same solicitors for a transaction and it ended up causing delays - they have a potential conflict of interest and the cases must be handled by different parties (branches ideally) and I got the impression from what they told me at the time that the solicitors were being extra cautious, often double checking info provided.

I wouldn't be surprised if no other work as been done, given the basic nature of the queries we are still at. I have requested to the conveyancer and estate about closeness to exchange...I never get a clear answer. True regarding conflict though I think it is just their quality. I have been copied in on some correspondence and the professionalism is...lacking shall we say. Thanks

eddddy

DoctorVictim said:

...the property was shared ownership so we have been incurring rental costs every month. 

Is that through a Housing Association? They can be painfully slow sometimes.

Your solicitor will have needed to request info from the Housing Association, and there might have been follow-up questions for the Housing Association.  So the Housing Association might have been responsible for some of the delays, if they didn't respond quickly.

Also, are you staircasing to 100% on completion. If not, don't the Housing Association have to approve the new owner - and they might be slow in doing that?


Try to check if your solicitor is waiting on anything from the Housing Association. If they are, you can phone the Housing Association to chase them.

RHemmings

Just a general comment not a solution. I bet your conveyancing fee is a lot cheaper than I paid a local law firm for conveyancing. That in itself might cover a month or two of delay depending on how much your shared ownership rent is.