Conveyancing

BellaTrix99

I'm buying a leasehold flat, first time buying property.  The estate agent has connected me to a conveyancing firm, and the vendor is also using this firm.
Does anyone have any strong feelings whether I should go with this (the quote seems reasonable), or would it be better to use a different firm - and why?

DE_612183

you can - and it may speed things up.

the only issue is where there is a conflict of interest, or the solicitor is more likely to listen to who ever shouts the loudest if there is a dispute.

user1977

Terrible idea to use the same firm as the seller - they can’t give best advice to both of you, and if they’re relying on the EA for business, hardly likely to advise you not to proceed (where that’s what they ought to do).

Myci85

I wouldn't use them, and most people on here advise against using conveyancers attached to the estate agent, even where they're not the same ones being used by the vendor. 

david29dpo

Has the agent told you how much they are getting from the kick back? No, thought not. 
As above, dont, use a local one

Bigphil1474

Solicitors are bound by quite strict rules, so if there is a potential conflict of interest they can still work for both parties, but obviously 2 different people dealing with the cases and a Chinese wall approach. The main reason for not using EA recommended conveyancers is usually that you can get a better service at a better price from a local company instead. If you are happy with the price, then there can be some upsides. I would still get quotes from elsewhere though.

user1977

Bigphil1474 said:

Solicitors are bound by quite strict rules, so if there is a potential conflict of interest they can still work for both parties, but obviously 2 different people dealing with the cases and a Chinese wall approach.

A "quite strict" approach would be to prohibit this from happening at all (as is the case in Scotland, bar some narrow exceptions).

I don't think it's reasonable to expect the average punter to understand the risks involved. Or to expect your solicitor, Ms Jones from Bloggs & Co, to tell you that the vendor's solicitor, Mr Smith of Bloggs & Co, is trying to pull the wool over your eyes.

And obviously if Bloggs & Co rely on the agents for much of their business, they'll be tempted to sweep any problems under the carpet and speed along the transaction.

Albermarle

Myci85 said:

I wouldn't use them, and most people on here advise against using conveyancers attached to the estate agent, even where they're not the same ones being used by the vendor. 

If conveyancers that are recommended by an EA are actually a firm of reasonably local solicitors ( and not some remote online conveyancing factory), then no harm to get a quote, along with others.
However as others have said I would not want my solicitors to also be the Vendors solicitor.

BellaTrix99

Thanks to all for your comments, which I found very useful despite most recommending against.
After doing my own research, I have decided to use the EA recommended conveyancing firm after all, for the following reasons:

The price quoted was very much in line with other quotes.  So I don't think the EA commission can be unreasonable.
The firm has several offices; my purchase will be handled at one location, the vendor's at another, and they have provided appropriate information about their process for dealing with both sides of the same purchase.
And finally, I received a positive recommendation from a trusted person who has used the firm themselves in the recent past.


Thanks again to everyone who commented.

Tabieth

I’d never use the same conveyancing firm as the seller! It really is a terrible idea. I used an online firm recommended by MSE and had no problems. (The EA wanted me to use their firm when I bought earlier this year, I politely declined!). 

gm0

Good luck with your transaction.  Hope it goes smoothly.  And it may. Both ends being familiar in their version of the process.

The "balance of trade problem" upthread - is real. Yet it only becomes an issue when there is a problem with a particular property and its paperwork - and being "picky" about it is against the broader interests of the firm and it's EA referrer.  But in your interests. 

Power relationships between commercial leaders of said firm who are employers of junior staff conveyancers then come into play.  Not rocking the boat - defensible process. Send the documents on. Don't make a big deal of it. etc.

Near us there are horrific examples of local collusion by developers, conveyancing lawyers and valuers.  All with a hand in the pot - passing off BTL industrial conversion rubbish as investment gold to naive buyers.  Usually caught in the end and drummed out of their various professional bodies for actual fraud when they go too far rather than the more common, less severe but harder to prove stuff.  Just an incentives problem.

At the best of times - conveyancers are slick at avoiding liability for themselves in following process and forwarding documents.  So they did "tell you" even if they didn't explain significance.  Not always as good at advice.

If your property is of age and title and location/neighbours to be unlikely to throw up weird problems then it's probably all fine.  If there are subtler issues with title and plan then - not so much.