Conveyancing question

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Conveyancing question

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kyoto

Joined: 22 Oct 2005
Posts: 91
Location: South London

Posted: Fri Jul 21, 06 12:52 pm Post subject: Conveyancing question
Is is necessary to appoint a different solicitor from the buyer's perspective? My sister is buying this flat and the seller suggested his solicitor could do both.

sean
Downsizer Moderator

Joined: 28 Oct 2004
Posts: 42219
Location: North Devon

Posted: Fri Jul 21, 06 12:55 pm Post subject:
I don't think that it's technically necessary. It's almost certainly wise to have your own solicitor though.

Nick J

Joined: 19 May 2006
Posts: 94

Posted: Fri Jul 21, 06 1:43 pm Post subject:

While it is technically possible it is likely the solicitor would decline to act for both parties as he has to act in his clients best interests and in a situation where a conflict of interest arises it would cause him some difficulty and in such a situation he may need to decline acting for both parties. Increased expenses all round in that event as someone new has to be instructed on each parties behalf. Best to have seperate representation from the outset.

@Calli

Joined: 03 Jul 2005
Posts: 1682
Location: Galway

Posted: Fri Jul 21, 06 2:08 pm Post subject:
Why on earth would the vendor suggest that I wonder?

bernie-woman

Joined: 28 Oct 2004
Posts: 7824
Location: shropshire

Posted: Fri Jul 21, 06 2:38 pm Post subject:
I would definitely recommend that there are seperate solicitors - we had a house move which was lovely and friendly until a week before moving in date and our solicitor had to get really arsey with their solicitor and them However well you think a move will go conflicts can and often arise

Penny Outskirts

Joined: 18 Sep 2005
Posts: 23385
Location: Planet, not on the....

Posted: Fri Jul 21, 06 4:10 pm Post subject:

ExilesinGalway wrote:

Why on earth would the vendor suggest that I wonder?

It does sound a bit strange to me too

Nick

Joined: 02 Nov 2004
Posts: 34535
Location: Hereford

Posted: Fri Jul 21, 06 4:22 pm Post subject:
It sort of makes sense, because it can go swiftly and nothing needs to be duplicated. However, it's bad practice because they can't represent you fairly, if there's a dispute. I'd go for someone else.

Mary-Jane

Joined: 13 Jan 2005
Posts: 18397
Location: The Fishing Strumpet is from Ceredigion in West Wales

Posted: Fri Jul 21, 06 4:37 pm Post subject:

Generally speaking, the same solicitor cannot act for both the buyer and seller of a property, but two solicitors of the same firm may do so as long as there is no conflict of interests between buyer and seller and both the parties give their written consent. There are other guidelines and criteria which must be observed, but it's a bit too much detail to go into here...

Currently my firm is acting for both sides in a local conveyance - one side being represented by my boss, who is a partner of the firm, the other party is represented by our Consultant. Under the particular circumstances of the sale it makes it easier.

But if in any doubt whatsoever, do seek independent legal advice.

Hope this helps. If you need any more info let me know.

Mary-Jane

Joined: 13 Jan 2005
Posts: 18397
Location: The Fishing Strumpet is from Ceredigion in West Wales

Posted: Fri Jul 21, 06 4:40 pm Post subject: Re: Conveyancing question

kyoto wrote:

Is is necessary to appoint a different solicitor from the buyer's perspective? My sister is buying this flat and the seller suggested his solicitor could do both.

I would suggest that what the seller actually meant was that his firm of solicitors could do both. In which case, see my post above...

kyoto

Joined: 22 Oct 2005
Posts: 91
Location: South London

Posted: Sat Jul 22, 06 4:13 pm Post subject:
Yes, that's right. The seller actually meant his firm of solicitors and the reason being to make things move more quickly as he is in a hurry to complete. Thanks for the advice!

wellington womble

Joined: 08 Nov 2004
Posts: 15051
Location: East Midlands

Posted: Sat Jul 22, 06 6:16 pm Post subject:

I wonder if that works (ie makes it quicker, I mean?) I spose one side can't blame the other solicitor for all the delays.

When we bought our current flats we bought them from our usual solictor, so he couldn't act for us. We used another one, who made the most almighty cock up, and forgot to give the leasehold flats access through the freehold shop (effectively their own front door, we built a seperate entrance) and no-one noticed until after we sold the freehold. No moral, just if do find a good solicotor, stick with them!

Mary-Jane

Joined: 13 Jan 2005
Posts: 18397
Location: The Fishing Strumpet is from Ceredigion in West Wales

Posted: Mon Jul 24, 06 10:25 am Post subject:

wellington womble wrote:

I wonder if that works (ie makes it quicker, I mean?) I spose one side can't blame the other solicitor for all the delays.

Some things can't be made to go faster - searches, mortgages and the like. But having the same firm to act for both parties can (in theory) speed things up - no post to wait for!

Mary-Jane

Joined: 13 Jan 2005
Posts: 18397
Location: The Fishing Strumpet is from Ceredigion in West Wales

Posted: Mon Jul 24, 06 10:31 am Post subject:

wellington womble wrote:

When we bought our current flats we bought them from our usual solictor, so he couldn't act for us. We used another one, who made the most almighty cock up, and forgot to give the leasehold flats access through the freehold shop (effectively their own front door, we built a seperate entrance) and no-one noticed until after we sold the freehold. No moral, just if do find a good solicotor, stick with them!

What a nightmare for you WW - and not entirely uncommon unfortunately. But yes, if you find a good solicitor do stick with them - particularly in respect of property matters where there are many, many potential minefields. But I would also add that different solicitors specialise in different areas, so never be afraid to go to another solicitor for the varying legal aspects of your life. There is no obligation to have one solicitors firm for absolutely everything.

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