Do you know a good solicitor? Its a question many homebuyers ask. Conveyancing the legal work required for a house move can be a frustrating process with many home buyers and sellers experiencing what may feel like excessive delays or a lack of communication from their solicitor.
Whats the problem?
Anyone who has bought a property will tell you that solicitors always claim they are simply waiting for the local registry searches to come back and that theres nothing either they or you can do about it.
The idea that the searches are holding up the process is a bit of a myth now, says Jeremy Davy, a partner in the conveyancing department at law firm Shoosmiths. The biggest cause of delays is the chain. The sheer number of properties and people involved is what makes the process take so long, he says.’
What can you do?
Exasperating though the wait can be, there are several ways you can speed up the process.
Firstly, make sure your mortgage application is already underway before you instruct your conveyancer. Under current legislation, it is even possible to do your own conveyancing, although most people employ a professional. The benefit of doing the work yourself is the fact that it could save you hundreds of pounds says Paul Butt, author of the consumer guide Do Your Own Conveyancing (£11.99, Which? Books).
If youre buying or selling a house in England or Wales, you can usually do your own conveyancing without too much difficulty, and it allows you to stay in control of the process, he says.
However, if its not done properly, you may lose the property or end up with one beset with legal problems you failed to uncover beforehand.
Also, mortgage lenders may insist that the person doing the conveyancing be qualified and a member of the Law Society. Personal recommendation is the best way to find a conveyancer, or you can contact the Law Society (0870 606 2500, www.lawsociety.org.uk) or the Council for Licensed Conveyan-cers (01245 349599, www.theclc. gov.uk) for a list of names.
How to help yourself
The key is effective communication between yourself and your solicitor, says Davy: Ask your solicitor to use e-mail, to speed things up. Also, see if there are forms on the website you can download rather than waiting for them to arrive in the post, and find a conveyancer who is available in the evenings or at weekends when its more convenient for you to speak. There are certain documents that you must sign, so make sure you deal with them immediately. If we send a form or letter to a client, the chances are we want it back yesterday, says Davy.
Its also a good idea to pay for search fees up front, and instruct your solicitor to request them as soon as you have instructed him or her. Some local authorities keep their records online, and searches take only 24 hours, but others have to sift through piles of paper files, which can take as long as two months. Front-loading the searches is common, says Tom Horrocks, spokesman for the Council of Licensed Conveyancers: The downside is that if the sale falls through, you will still have to pay the fees. But the plus side is you minimise the possibility of a delay.
Paul Marsh, senior partner at solicitors Carter Bells, says: Save your solicitor as much time as possible and sort out the minor details yourself. A better dialogue between seller and buyer speeds up the process. Decide between yourselves if youre keeping the curtains and carpets, for example, and tell your solicitor what youve agreed.
Be realistic
Finally, dont forget that buying property does take time. You are only one link in a chain and the process has to be done properly.
Marsh says: Set a realistic timeframe with your solicitor and make sure everyone in the chain is working to the same deadline. Then do everything you can as quickly as possible, and use the time you have to make sure everything is up to scratch at every stage.
