In This Guide
Apply for a mortgage
Buying at auction
Buying in Scotland
Conveyancing
1. Conveyancing
2. The conveyancing process
3. Exchange and completion
4. Costs
5. Choosing a solicitor
6. Complaining about solicitors
7. DIY conveyancing
Find and view
Negotiate
Plan your purchase
Success and failure
Surveys and valuations
To buy or not to buy
Conveyancing
Choosing a solicitor
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Like with everything related to your property transaction, there are hundreds or thousands of businesses that would welcome the chance to take some of your money and provide you with a service in relation to your property transaction. As ever, the ball is in your court. The main criteria that a lender will insist upon are that they are qualified, that there are at least two partners in the practice, that they are versed in Scottish law if you are buying in Scotland, and that they are not also representing the seller. Beyond that, the choice is entirely yours. Here are some of the factors which we consider to be the most important when weighing up your options:
Cost
Cost is important to most people. The difference in basic fees
can run into hundreds of pounds, which is no trifling amount to
most people. Conveyancing costs
are often very competitive, so it can be worth shopping around.
Please remember that it is not always a good idea just to blindly
plumb for the cheapest that you can find. It is possible that
will have the best work processes and the most efficient staff,
can therefore minimise their costs and are willing to pass some
of that back to you the customer. On the other hand, they may
not charge very much because they don't offer a very good service.
Before you commission them, have a conversation with them and
make an informed, rather than a hasty decision.
Availability and location
If your solicitor is off on holiday for the week of your move
and isn't there when something goes drastically wrong at the last
minute, you might become very dissatisfied to say the least. Try
to find out if there are any periods that they are likely to be
away for, and who will handle your work when they are away.
Nowadays, it is perfectly possible for your conveyancing work to be done from almost anywhere in the country. All the searches, and document exchanges that solicitors have to carry out can be done adequately by fax, e-mail, post and overnight document exchange (d/x). If you live in an area where costs are high, it can be worth hiring a conveyancer from somewhere else in the country where overheads are lower and so are the corresponding fees.
If you are in a real hurry, and every hour saved is vital, then it is probably worth going for a local solicitor. It may cut a few days here and there off the process thanks to removing postal delays, and you can always pop in and hurry them along (although they may not thank you for it!).
Communication skills
Do they listen?
Do you get on well with them?
Do they come across as having an urgency to get the job done?
Recommendation
Often, a personal recommendation from a trusted friend, family
member or colleague can be a good way of choosing prospective
solicitors. It shouldn't be the only factor in your decision but
people you trust are always likely to warn you if they had anything
to complain about. Remember too though, that the good or bad experience
of one person does not guarantee a good or bad experience for
someone else.
Acceptability to the lender
Most lenders will accept your solicitors if you appoint a firm
of two or more partners that are members of the law society.
With those factors in mind, it is worth considering the options
open to you:
The family solicitors
The family solicitor can offer a great service. You know them,
they know you, and if you have a good relationship then you should
feel happy trusting them to get the job done. However, this is
not always the case. Some firms thrive off family business and
people's lack of motivation to hunt around for competitive deals.
To some of them it can be a very cheap way of getting business.
Don't automatically instruct anyone, unless you are sure that
they are the right people for the job and have the necessary expertise.
Another thing to bear in mind is that if you take a recommendation
and then feel unhappy or worse, aggrieved by the service, then
you may feel awkward complaining or pursuing your grievance further.
One reason that this might happen is because conveyancing work
is by no means the most profitable work that a solicitor can perform,
so they might not give it the priority that a specialist could.
Specialist conveyancers
Licensed conveyancers offer skills in residential property, including
the purchase of freehold
and leasehold property, excellent working knowledge of leases,
and the transfer of interests in domestic property. You may find
that larger law firms have a specialist conveyancing arm that
deals specifically with business of this nature.
Agent or lender recommendation
Often, estate agents, mortgage brokers and building societies
have their own conveyancers and will offer a special deal as part
of the package they offer. They should never insist that you use
their selected firm, and if they do you should complain and tell
lots of people. Sometimes lenders or estate agents have a financial
incentive to recommend one particular firm, which is perfectly
legal but means they don't necessarily have your best interests
at heart.
SiteFinder
There are plenty of solicitor firms that advertise on the web,
many of which can give you an online quote or an e-mail quote.
Before long you will be able to conduct most of the conveyancing
process electronically, which should make it even cheaper! Find
a good proportion of the online solicitors in the SiteFinder
directory.
Solicitor's regional directory
This directory lists the law firms in your area, along with the
type of work they specialise in. You can find one at any library
and most Citizens advice bureaux.
Law society public enquiry line
(0870 606 6575) This service will offer you the names of up to
three solicitors in your area.
ConnectingLegal
ConnectingLegal offer a free searchable database of any legal
professional throughout the UK - check
it out in SiteFinder.
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