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devadot
Posts: 36 Forumite
I have accepted an offer on my house and have told the Estate Agent that I will be doing the conveyencing.
They have told me that under the new data protection laws they can't send me the memorandum of sale. As this has the details of the buyers solicitor I cannot start the process by sending them the Pifs and Cifs.
I have had a lot of trouble with the Estate Agency (another matter!).
Is there some act or section I can quote to them?
Thank you
They have told me that under the new data protection laws they can't send me the memorandum of sale. As this has the details of the buyers solicitor I cannot start the process by sending them the Pifs and Cifs.
I have had a lot of trouble with the Estate Agency (another matter!).
Is there some act or section I can quote to them?
Thank you
0
Comments
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I think you need them to quote the act or section they think they're talking about (which they won't be able to). Sending the MoS to your agent (ie your solicitor) would be no different legally from sending it directly to you.
Unless this is just a heavy-handed method of persuading you to use "their" solicitor, I can't see why they're doing this - surely they want the sale to proceed (and to get their fee)?0 -
I think you need them to quote the act or section they think they're talking about (which they won't be able to). Sending the MoS to your agent (ie your solicitor) would be no different legally from sending it directly to you.
Unless this is just a heavy-handed method of persuading you to use "their" solicitor, I can't see why they're doing this - surely they want the sale to proceed (and to get their fee)?
This could well be the case, I had an awfully 'hard-sell' experience with a well known agency last year and this was just one of their tactics.:(0 -
I successfully carried out my own conveyancing on 3 sales / purchases in the late 1980s, but almost everyone involved was pretty obstructive - especially the other parties' solicitors -, regarded me suspiciously and looked at me as though I were a Martian. They tried to tell me it was not allowed, but I insisted it was perfectly legal and eventually they had to concede. Many will not even be aware that this is the case, esp EAs, as it's unusual for people to DIY.
I used a great book - "The Conveyancing Fraud" by Michael Joseph - as my 'bible' (still available on Amazon for pennies and well worth buying, but very outdated.)
Lenders insisted that I employed a solicitor from their panel to deal with the mortgage side of it. I chose one locally at random, who ironically, turned out to be a real star and the only person who was supportive and helpful to me.
The main problem you will encounter is that the other sides' solicitors will flatly refuse to work with you and unfortunately whichever clause you quoted couldn't force them to do so if they continue to refuse.
In such a case, you may wish to either advise your estate agent/ buyer/ vendor to have a word with the intransigent solicitor to kick them into touch or you will pull out
or
Throw in the towel and employ a solicitor of your own.
All that said, I really wouldn't bother to DIY these days as there are so many rules, regulations and data protection stuff, that it's not worth the time and hassle.0 -
Not telling you who the buyer's solicitors are is silly - perhaps contact the buyers direct and ask them.
You will have to travel to the buyer's solicitors to exchange contracts and complete as you cannot give professional undertakings to forward documents which solicitors generally rely on from each other. Also they will need to ID you as the seller.
If you say that the buyer's solicitors must come to you, then the buyer will have to pay higher fees and will say that is your fault and therefore will seek a similar reduction in price.
If you decide to use a solicitor usually best to use someone local so you can go to their office if you really have to and hassle them.
Phone up a few and ask them to provide you with an estimate for fees and talk to them to get them to explain what they will do. Often better to go by the "feel" of whether you think the person you are talking to knows what he/she is doing. Better to have someone you feel happy with than save £50-£100 or so in fees.
"Online" firms are usually a long way away and won't give you sensible answers on the phone. They often provide cheap headline figures for their fees and don't tell you about the extras that most people end up having to pay. So they can end up being the same or more expensive than a local firm.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
iam sure if you are doing your own conveyancing you will know your way around a quote and know the fees you may need to pay, it does sound like they are trying to put you off, and if it were me i would not do my own conveyancing because of the rules and regs, but iam not you.
if you are determined to do it then they should not be able to stop you, and your buyer will not be happy if they are being obstructive.
it may be a question of authorities, ask them to obtain permission from your buyer to forward information, but it does sound like they are just being obstructive.
got to love the new data rules!0
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