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  • Moving house solicitor hassles
  • wallop
    Full Member

    Buying and selling. We wanted one solicitor to do the conveyancing on both transactions. Then this solicitor tells us they can’t purchase for us because of our lender. No problem, we will get another solicitor for the purchase.

    Three weeks later, solicitor number 2 phones and says “I didn’t realise I’m not acting for you for your sale – you can’t have two separate solicitors acting for you! If you do, I’ll have to charge you more money. It’s just not protocol.”

    Is it not ok to have two different solicitors conveyancing on your behalf – one for purchase and one for sale?

    crankboy
    Free Member

    Theoretically OK but adding unnecessary complexity. Your sale funds are going to have to go to your sale solicitor who will redeem your current mortgage then on to your purchase solicitor who will buy your house . your purchase solicitor will have to do extra work to get precise figures for a completion statement setting out the cash he needs to complete as he won’t have immediate access to your redemption figure etc.
    Bottom line not a situation I would chose to create.
    Bear in mind all conveyancing knowledge I have is 20 years out of date.

    cheers_drive
    Full Member

    Just change both to solicitor no 2? Can solicitor no 1 can’t charge you exit fees for them not wanting to deal with your lender.

    wallop
    Full Member

    That is the other option, but changing sale solicitor will just delay things I guess. Mind you, we are only three weeks in I suppose.

    mynamesnotbob
    Free Member

    Yep, I had two, but I was breaking a chain and completed on first house at least a month before completing on the new house so less of an issue in instantly transferring money.

    But no reason why you can’t do this, it will cost more probably. And it could be a pro or con – the con being another bunch of idiots to deal with, the pro being they are both being paid to act in your interests so if one starts stalling you instruct the other guys to start kicking them.

    If you switch to a single one, they you are likely to pay out any costs they have on your behalf, but they can also pass any searches to the new solicitors.

    You can have as many solicitors representing you as you like

    kcal
    Full Member

    We have had two, on our last sell/buy.

    Sell solicitor was in Edinburgh; buying solicitor was in Elgin. Neither objected. Seemed better in the circumstances to have two, both local to the houses, solicitors. Curiously, the solicitor acting as the buying role had to step aside and appoint a fellow solicitor, as HE was acting for the seller of the house we were purchasing..

    cheers_drive
    Full Member

    Is the chain complete and agreed on completion dates? If not at 3 weeks in and they won’t have done anything so no problem to switch.
    You staying in Brizzle?

    wallop
    Full Member

    Chain short and complete, only three of us in it.

    Heading to Southville!

    wallop
    Full Member

    Thanks for the advice peeps. Have decided to stick with solicitors as they are…. fingers crossed we don’t regret that decision!

    So… once searches are complete can we exchange contracts? Just wondering how long this is going to take.

    wallop
    Full Member

    Just in case anyone searches and happens upon this this thread.

    The whole process was pretty painless – no issues using a separate solicitor as we just managed to skip one party when transferring funds on the day.

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