Diary of a High Street Conveyancer; 7th March 2022

There are times when I think that conveyancing practice needs to be “tidied up” a little. I had one of those experiences this week, and it was difficult not to be portrayed as unhelpful even though I do believe that I was in the right.

I was acting for the executor of an Estate selling his late father’s property. There were three below me in the chain. The latest time for completion in the contract was one o’clock. At half past twelve, the agents called me to ask me to release the keys. I would not do so as I had not received any monies. I was told that the buyers’ solicitor had sent the funds to me. At quarter past one, I received an email from the buyers’ solicitor, advising me that funds were awaited on their sale but would be sent to me as soon as received. At that point, they had already passed the latest time for completion in the contract.

The afternoon ticked away; and we all know what that is like when you are waiting for monies to come in. There were numerous calls from the agents but no key release was give as I had not received any monies. The completion funds finally arrived at 3.05pm, and I was able to tell from the bank transmission slip that the buyers’ solicitor’s bank had sent the funds at 2.46pm. Now this does put me in a quandary. I am a strong believer in doing the job properly and hoping that others do too, but I know that many firms could do it better. We are past the latest time for completion and this means that completion should technically be the next working day. I asked my client what he wanted to do and, as is often the case, he did not want to be difficult and said he would allow the keys to be released so that the buyer could move in. But when has legal completion taken place? Is it that day or the next day? What would you do as regards dating  the Transfer deed?

And would you have served notice? It is not always appropriate to serve notice; we knew that the monies were coming through, albeit late in the day, and as the property was empty, there was no upwards chain. But if there had been, this would have caused issues and I may have dealt with the later completion in a different way and served notice.

This harks back to my column a few weeks ago about the difficulties which face removal companies when monies are transferred late. It did not matter in this case as we resolved it without too much trouble but please, if you are first in the chain, make sure you get your mortgage monies the day before and are ready to send the funds as soon as you can on the day of completion. It helps us all; clients, solicitors, removal companies …

This is written by a real high street conveyancer who wishes to remain anonymous. Read more in Today’s Conveyancer every week.

One Response

  1. Common sense. A wonderful post.

    A person who wishes to instill the integrity to the process that has been scrubbed away by idiocy and cheap attitude over decades.

    The absolute hypocrisy of those who draw up the contracts to feel they can then ignore those contracts as they see fit.

    Moreover, destroying what should be a wonderful day for their very own client.

    It’s frankly absurd that something so simple, and requiring such little empathy not to mention simple courteous good service has been dropped into the realms of ‘who cares?’.

    The very thing your clients look forward to is moving day. While you seek triumph at nitpicking over the definition of a shed as a building (see this conveyancers ‘shedgate’ diary entry), the one thing your client is truly looking forward to is repeatedly ruined by conveyancers actions, or lack of.

    And then, moving crews. I fear nobody reading this can possibly understand the feeling of worthlessness, the feeling that you simply don’t matter. The feeling that your life, your families lives are so immaterial that a conveyancer sat in a warm office on a cold day can prevaricate and faff, leaving you sat there, in the cab of a van for hours and hours.

    Then, after being made to feel so utterly ignored, being expected to perform four hours hard physical work, over now a 14hour day with a smile. Trying to repair the damage to the customers day, and mental health, and lift their spirits, while yours are crushed. Trying to ensure they can get set up for a sensible kids bedtime. All while knowing you’ll miss your own kids bedtime.

    Try doing that for day after day, week after week, year after year.

    Why?
    Because conveyancers can’t be bothered to meet the terms of completion they themselves set down!

    Can you imagine how you’d feel if all movers said ‘we’re just gonna start work at 3pm now and work to 10pm straight through’.

    I can imagine the pompous, pious outrage ……’but, the contract is for 1pm, you can’t just ignore it….’

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