So what would be your 10 Commandments of conveyancing? Here are mine…
1. Thou shall not select your conveyancer on price alone
This is a tricky area. I had a client call me this week to get a quote for my services. I spoke to him, obtained all of the details (purchase of a leasehold property, LISA funds), and sent him the quote, only to receive an email in which he told me that he was not going to use me as he had decided to use an online firm as they were £1,000.00 cheaper. Now I understand that £1,000 is a lot of money, but we all know that there will be add-ons and that it is highly likely that the ultimate cost will be higher than my quote. Speak to your conveyancer, see if you like the sound of them: are you happy with that person looking after the biggest investment of your life? What is the level of experience that the person who you will speak with has? This is not based on price alone. You get what you pay for!
2. Thou shall bear in mind that the estate agent is paid by the seller
If you are the seller, this sounds like good news but remember that the agent wants the sale to complete so that they can earn their bonus even if that means that they have to persuade you to reduce the price and it will appear as if they are also acting for the buyer. If you are the buyer, remember that the agent wants you to buy this house. Your conveyancer does not really care which house you buy as long as it is the right house for you.
3. Thou shall bear in mind that the other party wants the best deal
This follows on from number two. If you are the seller, you need to remember that the buyer wants to buy your house as cheaply as possible; if you are the buyer, you need to remember that the seller wants to get as much money as possible for their asset. It is highly likely that you have never met the other party before and therefore if something is said that makes you think twice, let your conveyancer know.
4. Thou shall appreciate that your conveyancer cannot perform miracles
There are numerous things to bear in mind when buying or selling a property. Your conveyancer is trained to deal with the unexpected and to spot when something isn’t quite right. But this does mean that those unexpected issues have to be dealt with and it can take the input of other parties (perhaps freeholders if a Deed of Variation is needed) and your conveyancer cannot make those parties do things as quickly as you may like.
5. Thou shall complete the forms and provide information as and when requested
You may think that you can sit on the Protocol forms and perhaps the buyer will not ask to see them, but you will be mistaken. The buyer’s solicitor will insist on the forms and will also want to see any certificates and guarantees for works carried out to the house, so rather than wait to be asked, please provide them at the start as this will save time in the long run!
6. Thou shall appreciate that others may want a different date for completion and that it is better to be accommodating as regards a completion date rather than being stubborn and insisting on the one date which suits you
When in a chain, one of the hardest things that the conveyancers have to agree is the completion date and invariably, everyone will want a different date. This is more common when going into holiday periods when some parties may be away, or it may be that a seller’s child is just about to sit exams, but the more flexible you can be on a date, the easier it will be to agree a date.
7. Thou shall sign documents and return them to your conveyancer without delay
It is easier for your conveyancer to tell others in the chain that he or she holds the signed documents and can proceed rather than having to wait for the documents and hold everyone up.
8. Thou shall bear in mind that your conveyancer has other clients
Yes, your conveyancer is acting for you and wants the best for you, but there will be times when your transaction is not the most important or urgent matter which your conveyancer is dealing with. Everybody’s house move is important and everybody’s enquiry is urgent but it is for your conveyancer to decide who is the most urgent at any given time.
9. Thou shall not call your conveyancer, leave a message, and then get affronted if you do not get a return call within two minutes meaning that you have to email demanding an immediate response
This applies to both clients and estate agents! If agent, then please do not copy everyone else in the chain to the email trail, and please read number eight and apply it to your position as well as the client’s position.
And finally…
10. Your conveyancer is doing his or her best for you – they want you to move house
They are not trying to stop you from buying your dream house but you have to work with them and remember that they are your best friend in this process – not the agent or anyone else. Your conveyancer should have years of training (but please bear in mind Commandment number one), wants the best for you, and wants you to achieve your dream house.
This is written by a real high street conveyancer who wishes to remain anonymous. Read more in Today’s Conveyancer every week.
