conveyancing-buyer and seller using same solicitor

colin1 · Captain Safety Joined: 17 Feb 2005 Karma :

im involved with selling a house which isnt mine. Although its not mine, me and someone else are responsible for dealing with the sale.

I think we shdnt use the same solicitor that the buyer will be useing as if there is a dispute, the solicitor wont be able to act in the best interests of their client as they have two clients with different interests.

Ok there probably wont be a dispute, but the whole point of using solicitors is so that it can get sorted if there is.

Unfortunately the person who has taken a back seat until now has suddenly decided that we shouldnt switch solicitors from the one we have been using for other stuff, just because our buyer is using the same solicitor. But its not really like switching solicitors, as the other stuff isnt really related and would be handled by a different section in the firm of solicitors anyway.

anyone got any opinions on this ?
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anders · Banned Joined: 17 Sep 2005 Karma :

byke95 · World Chat Champion Joined: 25 Mar 2004 Karma :

Sounds like a fairly straight forward (potential) conflict of interest, a solicitor cannot represent two parties in the same contract.

Suzuki · Roger Joined: 03 May 2005 Karma :

It is illegal for the same solicitor to represent both parties.
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Itchy · Super Spammer Joined: 07 Apr 2005 Karma :

its illegal and also professional curtesy , in that a single solicitor can clear things up real quick like and not raise pointless queries to increase hill payment at the end of it , with ttwo solicitors they can ping pong pointless enquiries back and forth and increase their fee on both sides.
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Annabella · Like a person, only smaller Joined: 03 Feb 2002 Karma :

Are you talking about using the same firm of solicitors or the same person?

If it is the same person it is illegal. However, if you are both using, say "Dixons" then it's not a problem, and in actual fact things will happen far more quickly if documentation isn't going to be lost or delayed in the post.
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Ste · Not Work Safe Joined: 01 Sep 2002 Karma :

If using solicitors then there's lots more regulations than if you're just using a conveyancing firm. Use proper solicitors.

Don't use one's from the same company as the buyer as it'll only complicate things. You'd think that things would run more efficently but they'll be less willing to chase up and hassle the other side if it's one of their other offices.

Use proper solcitiors and use a different company to the buyer. Thumbs Up

[random] Are you considering using a company called Countrywide Property Lawyers?

Suzuki · Roger Joined: 03 May 2005 Karma :

Ste · Not Work Safe Joined: 01 Sep 2002 Karma :

Whats wrong with them... might be quicker and easier to say what's right about them.

- They've got call centres where you have to wait 10 minutes to get through to someone who doesn't know what they're talking about and then if you're lucky they'll be willing to put you through to the convreyancyer dealing with your file but more than likely they'll just talk crap and fuck things up.
- They make up shit, "we can't send faxes" when trying to get them to fax something they'd left til the very last minute. "We don't have the account facilities to do a BACS transfer" bollocks you bank with Barclays now give me my deposit back.
- They don't understand the concept of time and so leave everything to the last minute and are then suprised when the sale goes wrong.
- They lie. Something sent by RX (think that's the right name)with them manages to take a week instead of being next day.

If you are unfortunate enough to already be trying to deal with these people I do have the direct line and mobile number for the manager of Countrywide Plc who is responsible for CPL and is a good person to complain to. Razz

Annabella · Like a person, only smaller Joined: 03 Feb 2002 Karma :

Can't say we ever had those problems.

We had two designated solicitors from Countrywide, and their direct numbers. Throughout the process they were really helpful and efficient even when Northern Rock buggered up our mortgage offer several times.
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Ste · Not Work Safe Joined: 01 Sep 2002 Karma :

Which office of theirs were you with? I ended up with their Northampton office who were nothing but crap and the seller was with their Cardiff office who seemed equally unhelpful.

Suzuki · Roger Joined: 03 May 2005 Karma :

Ours were in Manchester.

However, I spoke to the Northampton office on a number of occasions and found them more than helpful.

Maybe it was just you? Laughing

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LustyLew · World Chat Champion Joined: 19 Apr 2004 Karma :

colin1 · Captain Safety Joined: 17 Feb 2005 Karma :

Interesting that suzuki reckons its illegal while his other half reckons its not.

I think the firm has a dudley office and a wolverhampton office, so might be ok if each client is with a different office but it would still be doubtful if that would be a good idea really.

It looks now like I am going to have to ask the buyer to change solicitors, as the other decisionmaker on my side, wants us to not change solicitors.

I have a feeling the buyer is a bit of a control freak of the type who kicks up a fuss over little things so I hope this doesnt annoy him and jeopardise the sale.

We all want a quick sale so I hope it doesnt delay things.

I would quite like it if we were using a solicitors that uses a call centre, as you can ring and check on things even when its not office hours. I had this when I bought my house and it was very handy. I think we are just going to use a local solicitors tho.
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Annabella · Like a person, only smaller Joined: 03 Feb 2002 Karma :

RickHolt · Traffic Copper Joined: 17 Mar 2004 Karma :

Annabella · Like a person, only smaller Joined: 03 Feb 2002 Karma :

Harold_Shand · World Chat Champion Joined: 07 Jun 2004 Karma :

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Harold_Shand's theory might be the best explanation.

colin1 · Captain Safety Joined: 17 Feb 2005 Karma :

TOM M · World Chat Champion Joined: 18 Mar 2005 Karma :

Born2bVile · Spanner Monkey Joined: 12 Jul 2004 Karma :

OK, as I've worked for solicitors for the past 22 years, I can safely say that one firm can act for both parties, providing there is no obvious conflict of interest.

If one arises, the firm may suggest one party instructs another firm, but it very rarely happens.

In most conveyancing, the solicitor is acting for two parties anyway, the client and the Mortgage company.

flat spot · World Chat Champion Joined: 29 Aug 2003 Karma :

I bought my house from my Mum. As she lives in Australia I was essentially selling the house I lived in to myself.

If you can use the same solicitors it's a bonus as they tend to give you a deal on the price for the conveyancing fees as both parties have to pay a fee. I'm not sure if this would apply in your situation but maybe you could deal with the buyers to get a reduced rate.