PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Can solicitor insist on signature to say 500 page document contents digested and understood?

Options
2

Comments

  • Myci85
    Myci85 Posts: 394 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    Ask for a printed copy, then you can go through a page at a time and highlight anything you are unsure of, to then discuss with your solicitor. 
    As already mentioned, they should also send you their report once they have received and worked through everything, and this should bring your attention to anything unusual or that they think could be a possible concern, with recommendations as to how you may address them. Whilst you shouldn't solely rely on their report, this should help you to pin point certain bits to focus extra attention on. 
  • AskAsk
    AskAsk Posts: 3,048 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    edited 28 January at 6:27PM
    Section62 said:
    AskAsk said:
    solicitors rely on you to read through the documents and understand them and raise queries where appropriate.  how is a lay man supposed to understand all the legal stuff.  most of the stuff are written in legal terminology, intentional to make solicitors sound important and necessary and to cause confusion unless you were a legal bod.

    the law should be changed to make everything legal be written in clear english and none of this old english nonsense should be used at all.
    ...
    The problem with 'clear english' is it can often be ambiguous - legal terminology and phrasing has evolved to avoid that, not to make solicitors sound important.

    Also, if you legislate to ban words like "demesne" and insist on a plain language version instead then you'll probably end up with longer and less digestible legal documents which is pretty much the opposite of what (I think) you were setting out to achieve.

    Given nearly everyone has access to the internet these days, it isn't difficult to tap the "old english nonsense" into google and discover what it really means.

    IANAL
    i have received emails from solicitors saying things "heretowith" (huh) what is all that about??? you think you were watching blackadder.

    a lot of the words are simply old english.  the current english language serves well to be clear for terms and conditions so it obviously works.  there is nothing wrong with the current language as it stands and landlord contracts for example, are written in clear english these days as most other contracts.  yes, they can be long and painful to read but at least you don't have to have a decicated thesaurus to translate like you would if you read shakespeare!
  • AskAsk
    AskAsk Posts: 3,048 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    incus432 said:
    Section62 said:
    The problem with 'clear english' is it can often be ambiguous - legal terminology and phrasing has evolved to avoid that, not to make solicitors sound important.

    I challenge anyone to defend this verbiage. At least the meaning is reasonably clear in this case.
    exactly, and if i could actually understand what the hell that actually means, it probably translates in simple english as "put the bloody hedge up", lol
  • fourmarks
    fourmarks Posts: 260 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    incus432 said:
    Section62 said:
    The problem with 'clear english' is it can often be ambiguous - legal terminology and phrasing has evolved to avoid that, not to make solicitors sound important.

    I challenge anyone to defend this verbiage. At least the meaning is reasonably clear in this case.
    The literal translation is...

    "That will be £250 +VAT"
  • incus432
    incus432 Posts: 432 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 28 January at 7:58PM
    AskAsk said:
    i have received emails from solicitors saying things "heretowith" (huh) what is all that about??? you think you were watching blackadder.

    a lot of the words are simply old english.  the current english language serves well to be clear for terms and conditions so it obviously works.  there is nothing wrong with the current language as it stands and landlord contracts for example, are written in clear english these days as most other contracts.  yes, they can be long and painful to read but at least you don't have to have a decicated thesaurus to translate like you would if you read shakespeare!

    Sir Ernest Gowers demolished the arguments again the use of clear English in 1948/1954  in The Complete Plain words.  Thre is no reason legal language should be immune. So stick your hereditaments.
    Apologies for going off topic. I hope the OP shames his solicitor into doing their job.

  • AskAsk
    AskAsk Posts: 3,048 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    fourmarks said:
    incus432 said:
    Section62 said:
    The problem with 'clear english' is it can often be ambiguous - legal terminology and phrasing has evolved to avoid that, not to make solicitors sound important.

    I challenge anyone to defend this verbiage. At least the meaning is reasonably clear in this case.
    The literal translation is...

    "That will be £250 +VAT"
    ha ha, if you are lucky to get a cheap rate solicitor, lol
  • Grumpy_chap
    Grumpy_chap Posts: 18,233 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    PlymBob said:

    My solicitor has stated: “You cannot rely on myself to make sure everything is correct as you have stated below. Of course it is our job to advise you, but everyone has a subjective/different views on matters and that cannot be accounted for by myself when reporting to you. A clause in a lease that is satisfactory to one Client may not be to another for example.  

    It is for that reason that we produce all of the relevant documents for you and then guide you through them with your actual report.”

    That has some logic.

    The Solicitor is there to advise you, but has not visited the property so cannot confirm all the facts as correct.

    There have periodically been threads where people have purchased a house and, for example, the boundary on the plan not reflected what appears to be the actual boundary.  Some time after purchase there may be an issue arise because of the discrepancy and the comment might be made "well, shouldn't my Solicitor have advised..."  The Solicitor is not in a position to comment on accuracy of such matters, but can resolve if the discrepancy is brought to their attention.

    It does seem reasonable that you mention to the Solicitor that there are 8 documents listed but seem to be far more in the pdf that has been created.  This might prompt the Solicitor to present documents better.  The Solicitor might charge your for their time to do this.
  • user1977
    user1977 Posts: 17,772 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    PlymBob said:

    My solicitor has stated: “You cannot rely on myself to make sure everything is correct as you have stated below. Of course it is our job to advise you, but everyone has a subjective/different views on matters and that cannot be accounted for by myself when reporting to you. A clause in a lease that is satisfactory to one Client may not be to another for example.  

    It is for that reason that we produce all of the relevant documents for you and then guide you through them with your actual report.”

    That has some logic.
    Only to an extent. Yes, clients may have different views on some things, but this the solicitor's bread and butter - they can and should be providing guidance about which clauses are archaic or superseded, which ones are perfectly normal even if they sound a bit restrictive, which ones are weird, and which ones should be there but aren't.

    It's possible that 100 of the 500 pages are archaic or relate to other parts of the estate and can be completely ignored. So advising the client to read everything could be nonsense.

    And getting a client to sign a statement saying they've read and understood everything isn't going to get a negligent solicitor out of a hole, should it transpire that they failed to bring something important to the client's attention.
  • HobgoblinBT
    HobgoblinBT Posts: 310 Forumite
    Fifth Anniversary 100 Posts
    I wonder how much your solicitor would add to your fees in order to read 500 pages at say £350 per hour?
  • Grumpy_chap
    Grumpy_chap Posts: 18,233 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    user1977 said:
    That has some logic.
    Only to an extent. 
    Yes, I agree, only "some logic" is similar in meaning but different terminology to "only to an extent".

    The OP identified the documents that should be provided as:
    PlymBob said:

    These are the enclosures listed (by the vendors solicitor):

    Draft contract, Office copies entries and filed plan, Lease, Leasehold information Form, Fittings and Contents Form, Property Information Form, EPC


    The OP should be able to review the plan and verify that it matches what the OP expects based upon the viewing.

    The OP should be able to review the F&C form and check that items the OP is expecting to be left are being left (and vice-versa).

    Same for the PIF and the EPC.

    The contract and lease are the documents where the Solicitor can add more value.

    It seems harsh that the Solicitor has just provided 500 pages as one big document.  That seems unhelpful and more than the OP can easily print.  As the OP suggested, there may be some duplication in the scanned pages.  A better presentation / delivery would make it easier for all.

    The thing is, the OP does not want to be awkward in the response (even if they feel they should be).  The Last thing I imagine the OP wants is the Solicitor making comment on every entry of every document.  It will add little but cost a lot of money.  The OP needs to try to read and understand as best as they can and then ask the Solicitor to explain the points that are less obvious.



Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.