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How should I choose a licensed conveyancer or a conveyancing solicitor?

Most people don’t have much experience in dealing with licensed conveyancers or solicitors. So, in this article, we will look at things you should consider when choosing a conveyancer or solicitor to handle your conveyancing process.

What’s the difference between a solicitor and a licensed conveyancer?

There is little difference between a solicitor and a licensed conveyancer when it comes to the standard conveyancing process. Solicitors are regulated by the Solicitors Regulation Authority and licensed conveyancers, including most large conveyancing firms, are regulated by the Council for Licensed Conveyancers.

The main difference is that a licensed conveyancer, as the name suggests, typically specialises in conveyancing, whilst a solicitor may have experience or knowledge of other areas of law as well, such as tax, family law, and litigation.

When a solicitor also handles other areas of law, it may be more difficult to reach them, especially if they engage in litigation and must go to court. (Technically, it is now possible for a licensed conveyancer to work in litigation and probate, but this is rare.)

So, you can be confident that a licensed conveyancer will concentrate fully on conveyancing cases, and this focus gives a conveyancer expertise that more generalist solicitors may not have.

It has been said that licensed conveyancers are cheaper than solicitors. This is not true. A firm may appear cheaper because much of the work will be done by unqualified conveyancers or paralegals.

Of course, solicitors who choose to specialise in conveyancing could bring previous knowledge and experience from other areas of law that might be useful in your case.

If you are simply buying and/or selling property, it shouldn’t matter whether you use a conveyancer or a solicitor. The important thing is that you choose a firm that provides a quality conveyancing service. This means keeping you regularly updated so you know and understand what is going on, proactively making sure the conveyancing process moves along smoothly and quickly, and keeping additional costs to a minimum. Checking Google reviews is one of the best ways to gauge the quality of the firm.

Quality of service is important and can give you peace of mind. Conveyancing has almost three times more negligence claims than any other area of law. This is because many conveyancing firms operate on a ‘pile them high and sell them cheap’ model, which they can only afford to do by using unqualified and poorly trained people handling large numbers of cases. Unfortunately for buyers, any negligence may only be discovered when they come to sell the property, by which time years may have passed. Therefore, choose wisely!

conveyancing quote

How do I assess a conveyancing quote?

The general maxim of “shop around” applies. It is a good idea to obtain quotes from at least three different firms.

In addition to looking at the overall cost, you should check to make sure the quote includes paying stamp duty, search fees, Land Registry fees, bank transfer fees, VAT, and any other third-party costs (known as disbursements). If you need a mortgage or are buying or selling a leasehold property, then the quote should include acting for the lender and the leasehold fee.

Along with your conveyancing quote, you should receive terms and conditions, which will detail any non-standard costs. These additional non-standard costs could include other conveyancing searches based on specific characteristics of the property. If during the conveyancing process your solicitor or conveyancer suggests a particular non-standard search, do any necessary internet research to make sure you understand why it needs to be done and what it will show. If you are happy for the search not to be done, you should say so, but remember, if you have a lender, they may require it.

Of course, if you are in doubt about anything in your quote or terms and conditions, you should ask for clarification.

Two indicators of a quality conveyancing service are the speed at which the firm can provide a quote and their willingness to answer questions about it. Unlike other areas of law, the conveyancing process is standard, so producing a quote should be straightforward. Indeed, the person providing you with the quote may not be a solicitor or conveyancer. If the firm takes too long just to provide a conveyancing quote, must be chased, or isn’t able or willing to answer your queries, how will they handle the actual purchase or sale?

Other questions to ask before deciding who to instruct are:

  • How often will you receive updates?
  • Do they use email where possible for faster communication, or is everything done by post?
  • Is there an online case tracking facility so you can keep track of the progress of your case?
  • Will you be able to contact your solicitor or conveyancer directly or will you have to go through a switchboard or a contact centre?
  • What are their opening hours?

Can you get a recommendation for a conveyancing solicitor?

The best recommendations will come from people you know and trust. If you have friends or family members who have recently bought or sold property, it’s a good idea to ask them which firm they used. They should be able to recommend their firm, or at the very least, warn you of any negative experiences.

Your estate agent may also “recommend” a solicitor or conveyancer. Bear in mind, however, that they might be receiving a referral fee for introducing new business. There is nothing wrong with this and it should not affect the quality of the conveyancing service you receive.

The estate agent’s job is to make sure the sale is completed as quickly as possible. Whilst they might be pointing you to the firm that pays them the biggest referral fee, they are unlikely to point you to a firm they think will take a long time or won’t provide quality conveyancing. If you are a buyer, you want to move into your new home as quickly as possible, and if you are a seller, you want to receive your money quickly.

However, be warned that branches of large chains of estate agencies may be forced by head office to recommend favoured conveyancers even though the service is poor. The sales negotiator might not want to recommend the conveyancer, but their hands are tied.

Remember, you are not obliged to use a solicitor or conveyancer “recommended” by your estate agent. By all means, get a quote from them, but there is no harm in shopping around.

Choosing a poor quality or a slow and uncommunicative conveyancer can cost you your dream home and thousands of pounds. According to a Which? survey, 33% of house purchases collapse, costing buyers £2,899 on average. Delays by conveyancers are a major cause of house purchases collapsing, so, don’t be penny wise and pound foolish!

Can your conveyancing solicitor also act for your mortgage lender?

If you are buying a property, the chances are that you will need a mortgage. Usually, the buyer’s solicitor or conveyancer also acts for the lender, because both you and your lender have the same interest in making sure that the seller is not trying to hide anything. However, your lender may only be able to deal with your solicitor or conveyancer if their firm is on the lender’s approved panel.

So, when you are applying for a mortgage or remortgaging, it is a good idea to find out from your lender whether a particular firm is on their panel. You are free to use any solicitor or conveyancer you wish. But if the firm is not on your lender’s panel, you will need to opt for separate representation (also known as dual representation) which could cause delays as your conveyancing lawyer also has to communicate with your lender’s conveyancer. On top of that, you might have to pay the lender’s conveyancer fees as well. On the plus side, you have two lawyers checking your transaction and this means the chances of negligence is drastically reduced.

Should I use the same solicitor or conveyancer as the other side?

A solicitor is not allowed to act for both the buyer and seller because of the potential conflict of interest. A licensed conveyancer can act for both sides. One advantage is that the process is more streamlined as a conveyancer acting for both the seller and buyer does not have to keep contacting and waiting for a response from the other side’s solicitor or conveyancer. If there is a disagreement between the seller and buyer, having one representative for both may make it easier for the disagreement to be resolved rather than having the transaction fall through. However, most firms choose not to act for both parties to avoid potential conflicts of interest. Also, most lenders do not like conveyancers acting for all the parties to a transaction.

You should think long and hard before deciding to use the same lawyer as the other side. It is not a decision you should make lightly.

Should I use a local solicitor or conveyancer?

There is no need to use a local solicitor or conveyancer unless there are serious complications to your transaction that would require you to attend in person. Thanks to the telephone and internet, you don’t need to use a firm that is close to you. Almost everything can be done electronically, and the signing of contracts and transfer deeds can be done through the post.

Should I use a solicitor or conveyancer who knows the area where the property I am buying or selling is located?

A solicitor or conveyancer who has knowledge of the local area and has conducted conveyancing cases in that locality is important and can be helpful. In areas like London, knowledge of the local authority and developments and understanding of the risks of flooding from the Thames are important so you have an overview of things and are not alarmed unnecessarily.

If you are looking to buy, sell, or remortgage property or transfer equity and need the assistance of a conveyancer, please get in touch. Our friendly team would be delighted to assist you.

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