Problems With Conveyancers And Solicitors
During the conveyancing process, it is common to experience issues and delays with your property transaction. Thankfully there are ways that you and your conveyancer can minimise the likelihood of problems occurring. It’s also important to be able to deal effectively with any issues that do arise. You want to prevent them from escalating. Being aware of the potential pitfalls and how to tackle them can mean the difference between completing your transaction in a matter of weeks rather than several months. When choosing Conveyancing solicitors, Compare conveyancing quotes with our conveyancer fees calculator. Save Hundreds With Our Fast, Free And No Obligation Conveyance Quotes.
Here are some of the most common problems that stall the conveyancing process, and how to fix them.
The Buyer And Seller Disagree
After an offer on a property has been accepted, the solicitors for both sides will begin making this transaction legally binding. Your conveyancer will draw up a draft contract, known as terms of engagement. It sets out their charges and deposits required. They will then write to the other party’s solicitor to confirm they are instructed. They will request a copy of the draft contract plus any other details, such as the title deeds and other standard forms.
Your conveyancer will examine the draft contract and supporting documents. Any queries will be raised with the other conveyancer. You must go through the forms the seller has completed. This is when to raise any queries or concerns with your solicitor.
If one or more of the conditions can’t be agreed on, your lawyer will help you come up with a negotiation strategy. For you, this means being certain about your position (what you are prepared to compromise on and what you are not). For your solicitor that means checking and assessing all the information available on the transaction and identifying factors that can be used to improve your negotiating position.
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Delays in conveyancing
As the buyer or seller you may think that there is an unreasonable delay in the conveyancing process. Find out from your solicitor or licensed conveyancer the reason for any delay.
Sometimes, missing and incomplete paperwork is a common obstacle in the conveyancing process. Conveyancing solicitors deal with numerous documents which need to be signed by both buyers and sellers. Arranging this can sometimes cause delays. To keep the conveyancing process in motion, be as available as possible to sign contracts, and always return documents as quickly as possible.
Sometimes it’s not your solicitors’ fault that delays happen. There can, for example, be delays with the mortgage approval. This can cause a knock on effect. If an offer expires before all necessary legalities have been carried out, the buyer will need to apply for a new mortgage.
Again, your conveyance solicitor is likely to use CHAPS (Clearing House Automated Payment System) to complete the transfer of money. This comes with a charge. Some people decide to transfer the money over several instalments which will slow the process.
Always maintain regular communication with the lender and your conveyancing solicitor to keep everyone aware of what is going on.
The Solicitors Bill Seems Too High
If a solicitor or conveyancer’s bill is too high, double check that all the various costs are clearly itemised. You should ask the solicitor or licensed conveyancer to explain anything you do not understand. If you are still not satisfied with the amount of the bill, you may wish to consider taking further action against the solicitor or complaining to the Legal Ombudsman in England and Wales, or the Law Society in Northern Ireland.
Possible Negligence
As the buyer you may think that the solicitor or licensed conveyancer has been negligent. For example, on completion you may discover a problem with the boundary wall or find a property building scheme that will impact on your property value.
In England and Wales, if this happens and you want compensation, you should seek legal advice about suing the conveyancer. If you have a complaint regarding poor service or behaviour, you should follow any internal complaints procedure of the firm concerned.
If you are not happy with the outcome you should complain as you may be able to get compensation. In England and Wales you can complain to the Legal Ombudsman if you used a solicitor or a licensed conveyancer.
Conveyancing solicitors – Compare Several
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