Selling via an estate agent.. Use in-house solicitor?


J

J Kemph

I'm preparing to sell a property which requires leases drawing up
before it goes on the market. I had a discussion with the manager of
one of the high-street estate agents today, and he was trying to
convince me of the advantages of using the law firm with whom they are
closely affiliated. His explanation of the advantages seemed to be
that he (the estate agent) could work in close liason with the
solicitor and make sure everything was scheduled correctly, but the
biggest advantage was that he (said he) could arrange it so that I
wouldn't have to pay a penny until the day the buyer of the property
moves in. That would suit me well, on the face of it, for obvious
reasons.

But are there any pitfalls to using a solicitor affiliated with the
estate agent you enlist? One possible one that occured to me is that
it might make it difficult to switch estate agents if this one doesn't
make an effort to sell the place quickly. Anyone know of any other
disadvantages?

Would I be better of using an independent solicitor? And is it better
to use a local one or an out-of-town one? (I vaguely remember someone
once saying that there was a good reason for using an out-of-town one
- but I can;t remember why).

Many thanks

JK
 
M

MM

Would I be better of using an independent solicitor? And is it better
to use a local one or an out-of-town one? (I vaguely remember someone
once saying that there was a good reason for using an out-of-town one
- but I can;t remember why).
If you use a local solicitor like I did, you can pop in with details
required, or to ask and answer questions in person. So much more
civilised. The agency I was with also wanted me (almost using
strongarm tactics) to use their conveyancing services, which were
based in St Leonards on Sea, down on the Sussex coast and miles away,
so that every communication would have been a more long-winded process
and popping in for a quick chat would have been out of the question.

MM
 
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J

J Kemph

Thanks for the input, MM. But isn't a telephone call or an email even
more convenient than popping in to a local office? If so, then the
solicitor might as well be 50 miles away. No?

JK
 
J

Jake

It's a good question and I'd like to know the answer. Is there any
body or society that the solicitor should belong to, so that you get
some functional avenue of redress or arbitration in the event of a
complaint or dispute? What about teh solicitor's qualifications? I
personally need one who is familiar with planning regs and building
regs and leasholds and commonholds etc.

Jake
 
M

MM

Thanks for the input, MM. But isn't a telephone call or an email even
more convenient than popping in to a local office? If so, then the
solicitor might as well be 50 miles away. No?
Absolutely not. My solicitor is fifteen minutes away. I can jump in
the car and be there in no time. I paid the solicitor several visits
in person to clarify things and speed things up instead of waiting for
the mail to be delivered one or two days later, then a further delay
while my reply is sent back. Solicitors need some things in writing,
i.e. printed on paper for the client to sign and return. Another good
reason was that the fixed price deal from my local solicitor was some
two hundred pounds cheaper than the agent's conveyancer!

MM
 
D

Daytona

The in town one may now have, or be likely to have in the future, a
relationship with the other party which might influence their advice
to you. If the circumstances warrant, it might be sensible to avoid
any possibility of this.

In this case I would want to know whether there was any commission
passed between them.

That's a matter of opinion. I think that it's perfectly civilised to
do business by phone/fax/email/post.

There were a couple of good reports on these people in Epsom if it's
any help

Are you aware of solicitors bill auditing services ?
Thanks for the input, MM. But isn't a telephone call or an email even
more convenient than popping in to a local office? If so, then the
solicitor might as well be 50 miles away. No?
That's my attitude. I used a solicitor I knew to be good who was 100
miles away for some conveyancing, rather than choose a local one I
knew nothing about. However, if the solicitor is required to carry out
meetings or court appearances local to the client, then it may not be
worth the increased travel charges.

Daytona
 
T

Tim

Solicitors need some things in writing, i.e.
printed on paper for the client to sign and return.
Another good reason to do it by post - gives you the chance to read the
paperwork with your feet up in a nice comfy armchair & a cup of coffee,
without the solicitor trying to rush you through it!!
 
J

J Kemph

Is it always advisable to get a *written* quote from the chosen
solicitor before the work starts? That may sound like a silly
question, but I'm not familiar with using solicitors. Do they mind if
you ask them for a written quote, or do they say: "If you don't trust
me, bugger off and find someone else."?

JK
 
M

MM

Another good reason to do it by post - gives you the chance to read the
paperwork with your feet up in a nice comfy armchair & a cup of coffee,
without the solicitor trying to rush you through it!!
I took the papers home, read them, then returned them. All within a
morning. And peace of mind that nothing got lost by the Royal Mail.

MM
 
M

MM

Are you aware of solicitors bill auditing services ?
A fixed price deal for conveyancing is a fixed price deal! That's what
'fixed' means in this context.

MM
 
D

Daytona

MM said:
A fixed price deal for conveyancing is a fixed price deal! That's what
'fixed' means in this context.
lol! I missed that - I've only just heard of bill auditing services
myself, so got a little carried away as it sounds like a useful
service.

Daytona
 
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R

Richard Faulkner

J Kemph said:
I'm preparing to sell a property which requires leases drawing up
before it goes on the market. I had a discussion with the manager of
one of the high-street estate agents today, and he was trying to
convince me of the advantages of using the law firm with whom they are
closely affiliated. His explanation of the advantages seemed to be
that he (the estate agent) could work in close liason with the
solicitor and make sure everything was scheduled correctly, but the
biggest advantage was that he (said he) could arrange it so that I
wouldn't have to pay a penny until the day the buyer of the property
moves in. That would suit me well, on the face of it, for obvious
reasons.

But are there any pitfalls to using a solicitor affiliated with the
estate agent you enlist? One possible one that occured to me is that
it might make it difficult to switch estate agents if this one doesn't
make an effort to sell the place quickly. Anyone know of any other
disadvantages?

Would I be better of using an independent solicitor? And is it better
to use a local one or an out-of-town one? (I vaguely remember someone
once saying that there was a good reason for using an out-of-town one
- but I can;t remember why).

Many thanks

JK
Is this like Countrywide agencies recommending Countrywide Lawyers, i.e.
very closely affiliated? Or are they recommending a local independent
firm who they get along with, and who they know to be good?

If the former, avoid it like the plague - their interests are probably
the agents and not yours. If the latter, it is quite normal and can
avoid you choosing a crap solicitor who does not help to make things
happen.

In either case, due to the way the English system works, you will still
probably have some issues during the transaction which may lead you to
think either the solicitor or agent are not too good - this is also
normal.
 
R

Ronald Raygun

Richard said:
In either case, due to the way the English system works, you will still
probably have some issues during the transaction which may lead you to
think either the solicitor or agent are not too good - this is also
normal.
What is normal? That the solicitor or agent are not too good, or merely
that he will be led to think so?

:)
 
R

Richard Faulkner

Ronald said:
What is normal? That the solicitor or agent are not too good, or merely
that he will be led to think so?

:)
I note the :)

the fact is that with both solicitors and estate agents, (the latter
moreso), we are sold the sizzle, and not the sausage. As a result, the
reality is less than the expectation.
 
J

JKemph

Exactly! (even down to the name!)

That was the gut feeling I got by the way the estate agent was trying
to push their services on me.

Thanks for the input..

JK
 
R

Richard Faulkner

JKemph said:
Exactly! (even down to the name!)
I used to be an estate agent and many of our clients used Countrywide to
arrange their mortgages. Their broker told me that he recommended as few
as he could to their lawyers, and everyone else to a local independent.
 
R

Robert

I'm preparing to sell a property which requires leases drawing up
before it goes on the market. I had a discussion with the manager of
one of the high-street estate agents today, and he was trying to
convince me of the advantages of using the law firm with whom they are
closely affiliated. His explanation of the advantages seemed to be
that he (the estate agent) could work in close liason with the
solicitor and make sure everything was scheduled correctly, but the
biggest advantage was that he (said he) could arrange it so that I
wouldn't have to pay a penny until the day the buyer of the property
moves in. That would suit me well, on the face of it, for obvious
reasons.

But are there any pitfalls to using a solicitor affiliated with the
estate agent you enlist? One possible one that occured to me is that
it might make it difficult to switch estate agents if this one doesn't
make an effort to sell the place quickly. Anyone know of any other
disadvantages?
I would go along with the agent's suggestion as long as the
solicitor's price is OK. The agent wants to get the sale done so
it's in his interest to use a solicitor he has a good relationship
with and who he knows acts quickly.

Robert





AFAIK it is normal for the solicitor's fee to be paid only when the
buyer moves in. He deducts it from the incoming payment before
sending the rest on to you.
 
R

Richard Faulkner

JK said:
Why was that?

JK
I understand that there was pressure to get buyers and sellers to use
their "in-house" lawyers, (probably targeted), but because he wasnt
impressed by their performance/service, he recommended the minimum he
could get away with.

i actually reached the point where if a buyer was using a solicitor who
performed badly repeatedly, we would recommend that a seller sold to
someone else, (an alternative which had usually been available over the
last 5 years or so).
 
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R

Richard Faulkner

Robert said:
(e-mail address removed) (J Kemph) wrote in message


I would go along with the agent's suggestion as long as the
solicitor's price is OK. The agent wants to get the sale done so
it's in his interest to use a solicitor he has a good relationship
with and who he knows acts quickly.

Robert
In many instances this is OK, but not always.
AFAIK it is normal for the solicitor's fee to be paid only when the
buyer moves in. He deducts it from the incoming payment before
sending the rest on to you.
Although when buying, there are certain things where the solicitor wants
money up front - e.g. local search.
 

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