New build solicitors

Beeper · 20 October 2018 at 11:16PM

Hi everyone,

I’m a first time buyer and looking for some advice.

I’ve just put down the reservation fee on a new build off plan. I was offered legal fees if I use their recommended solicitor but I’ve read it’s important to use your own solicitor. I also had two recommendations for solicitors from good friends who have recently bought or in the process of buying.

So I asked my first choice solicitor and after a few emails she said it would be better if I used the developers recommended solicitor as they’ll know the site better. I then contacted my second recommendation. He sent me a quote and said to contact him if he wanted me to instruct him. Shortly after this I went to the site to sign the reservation papers and the sales person (different person this time) asked if I wanted to use their recommended solicitor and that he’s done lots of work on the site already. And it turns out it’s the same solicitor as solicitor number two.

So now I’m not really sure what to do. My recommended solicitors are 1) told me to use the developers recommendations and 2) is the developers recommendation.
The price the developer quoted for the solicitor was £5 more than the quote I got from the solicitor himself.

And the solicitor didn’t mention at all that he was familiar with the site or had downs work for them before.

Does this seem a bit shifty? And any tips on choosing a new solicitor? Is t really awful to use the recommended solicitor? One of the solicitors advised I use the recommended solicitor. Has anyone had really bad experiences using the recommended solicitors? Are they not duty bound to look out for the buyer?

Sorry for the ramble.

Thanks in advance

alumende27 · 21 October 2018 at 12:03AM

What's important is you read and understand everything you get sent by the solicitors and asked to sign.

Not reading (or understanding) was what got so many people into the trap of having a house with ground rent that doubled every 10 years making the property unsaleable.

Generally, I've found all conveyancing solicitors to be shysters, apart from the last one I used who was coincidentally the buyers solicitor on my previous house sale and a nightmare to deal with (never have I seen anyone with such attention to detail), so he seemed like the ideal solicitor for when we had to buy our next house. And he was.

Keith · 21 October 2018 at 12:18AM

alumende27 wrote: »

Not reading (or understanding) was what got so many people into the trap of having a house with ground rent that doubled every 10 years making the property unsaleable

As someone who dealt with a number of those properties and got the lease's rectified. I find it incredible that they were not noticed when the stamp duty calculation was completed.

pawlala · 21 October 2018 at 6:39AM

Beeper wrote: »

Is t really awful to use the recommended solicitor?

Not always, but can you be really sure that there is adequate independent advice coming from a firm who has already had dealings with the other side?

It’s not uncommon for the developers’ solicitor and sales team to exert huge pressure on you to complete, particularly coming up to their year end to exchange on purchases, even where there are clear conveyancing problems. If you have a good, independent conveyancing solicitor, they are less likely to bend under pressure from the developer and act in your interests.

Beeper · 21 October 2018 at 4:52PM

Thanks. That’s what I’m concerned about. It’s just frustrating that one of my recommendations doesn’t want the job and the other is also the developers recommendation. What’s the best way to choose a solicitor if you have no further recommendations?

comeandgo · 21 October 2018 at 5:25PM

Beeper wrote: »

Thanks. That’s what I’m concerned about. It’s just frustrating that one of my recommendations doesn’t want the job and the other is also the developers recommendation. What’s the best way to choose a solicitor if you have no further recommendations?

Can you ask anyone at your work who they used, or do your parents have a solicitor? Your solicitor does not have to be local. Our family solicitor is 100 miles away and only need to visit once in a blue moon.

EachPenny · 21 October 2018 at 5:29PM

pawlala wrote: »

Not always, but can you be really sure that there is adequate independent advice coming from a firm who has already had dealings with the other side?

It's an especially poor start when a solicitor approached independently doesn't mention working for the other side.

OP. I'd start looking for solicitor number three and four. See what they would charge, and look online for any positive or negative feedback.

Someone who doesn't want the job won't do a good one, and I'd run a mile from a solicitor who didn't openly say they were the same one the developer is using.

Beeper · 21 October 2018 at 6:11PM

comeandgo wrote: »

Can you ask anyone at your work who they used, or do your parents have a solicitor? Your solicitor does not have to be local. Our family solicitor is 100 miles away and only need to visit once in a blue moon.

I don’t know any one else who has bought their house recently and liked their solicitor, except the two I’ve mentioned

EachPenny wrote: »

It's an especially poor start when a solicitor approached independently doesn't mention working for the other side.

OP. I'd start looking for solicitor number three and four. See what they would charge, and look online for any positive or negative feedback.

Someone who doesn't want the job won't do a good one, and I'd run a mile from a solicitor who didn't openly say they were the same one the developer is using.

Thanks. Just not sure how tochoose a good one. Will check google and look for some reviews

kingstreet · 21 October 2018 at 6:14PM

EachPenny wrote: »

It's an especially poor start when a solicitor approached independently doesn't mention working for the other side

Was the solicitor told/asked about this particular builder/development as it was a recommendation?

The solicitors don't work for "the other side." The developer will have a usual solicitor who acts for it and will have a list of other solicitors who have done work for purchasers on the site before.

I don't know a solicitor which will breach their professional ethics to protect a business source. Perhaps others on here do?

By the same token, many suggest steering clear of developer mortgage brokers. Those who approach us direct (a broker retained by one national and two regional builders) pay a fee and get exactly the same service as those who are introduced by builders who pay is nothing.

When it comes down to it, no business source is worth your career.

Beeper · 21 October 2018 at 6:21PM

I phoned the solicitor on Wednesday to ask for a quote (was given the name a number by a friend, he did the conveyancing for his recent purchase), gave him the address and developer and development/ estate name. Had a meeting with the develops sales person the next day, she recommended a solicitor and said he’s done a lot of the houses on the estate already and it was the same person

EachPenny · 21 October 2018 at 6:41PM

kingstreet wrote: »

Was the solicitor told/asked about this particular builder/development as it was a recommendation?

Based on the response from solicitor one I assumed the OP explained the nature of the transaction to solicitor 2 - but I admit this is an assumption.

kingstreet wrote: »

The solicitors don't work for "the other side." The developer will have a usual solicitor who acts for it and will have a list of other solicitors who have done work for purchasers on the site before.

Fair comment, poor choice of words, perhaps I should have said "associated with the other side".

If the solicitor was aware of the developer the OP was proposing to purchase from, and aware that they had a 'pay your fees' arrangement with that developer, then rather than providing a quote and saying 'contact us if you want to instruct', I'd have hoped the solicitor would point out that the 'pay your fees' arrangement was in place and that the OP should speak to the developer to make sure they were eligible to get the fees paid. The developer might decline to pay if the OP had approached the solicitor independently based on a personal recommendation.

kingstreet wrote: »

I don't know a solicitor which will breach their professional ethics to protect a business source. Perhaps others on here do?

I am sure others on here may know of such solicitors. But if they do it would be very unwise to mention names on a public forum. :whistle:

kingstreet wrote: »

When it comes down to it, no business source is worth your career.

Again, no names, but history suggests this is not a view that all solicitors have always subscribed to.

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