If you are not happy with the service being provided by your conveyancer or there have been communications problems or delays you may wish to complain. Stephen Ward explains how the process works
Everyone hopes that the process of purchasing their property will be smooth, and for the vast majority of people that is their experience. However, as with most things in life, sometimes things can go wrong.
So, it’s important to know what you can do to ensure your transaction proceeds as smoothly as possible. And it’s also good to know where to turn in the rare event things go wrong, or you’re left feeling unhappy with the service you have received.
How to choose a conveyancer in the first place
When it feels like every penny you have has been scraped together for the house deposit, it’s tempting to choose a conveyancer offering the most competitive price.
That’s why it’s a good idea to start researching conveyancers even before you’ve found your ideal property and to consider which conveyancer is the right match for your needs, not just looking at the price
Conveyancers regulated by the Council for Licensed Conveyancers (CLC) must provide clear and comprehensive information to you about the service they offer, what to expect from them, who will be working on your conveyancing and an accurate estimate of the cost. There should be no hidden charges.
But it is worth noting that the ‘no completion, no fee’ agreements which are becoming increasingly common in conveyancing, will still mean you have to pay for disbursements – charges such as Stamp Duty, HM Land Registry fees, or local authority searches – that your conveyancer must pay to third parties at the start of the homebuying process.
Consider whether the firm meets all your requirements in terms of experience, estimated timeframes, and communication methods.
Have other people found their service as good as their price? Ask family and friends, and check sites like TrustPilot and ReviewSolicitors to see what former clients have said.
Finally, make sure they are regulated. All CLC-regulated conveyancers must carry the CLC’s secure badge on their website. Just click on it to make sure the website is a genuine one run by a CLC-regulated firm.
Remember that, as a condition of their licence, all firms regulated by the CLC must have professional indemnity insurance in place to protect consumers should something go wrong.
Your conveyancer will send you a client care letter at the outset, outlining the service to be provided and giving a breakdown of costs. Don’t sign this unless you are completely happy with the contents.
What to do if you have cause for complaint against your conveyancer?
It’s important to note that most transactions are problem free. However, if you do encounter a problem, it’s likely it will be related to communication, advice, behaviour or costs.
In the first instance, we would advise that you raise the matter with the conveyancer who has been handling your transaction. It’s best to address any issues as early as possible to prevent the situation escalating.
For clarity, and to put on record how and when you raised concerns, it’s best to do this in writing either via email or post and to be very clear that you are making a complaint.
If you haven’t heard from your conveyancer in a time frame you consider reasonable, or if you have and aren’t satisfied, the next step is to write to the practice.
Every firm must have its own procedure for dealing with complaints and larger organisations may have a dedicated point of contact for this. It should be part of the information you receive from the firm when you first instruct them and it should also be available on the firm’s website.
When writing, you should request confirmation that your complaint has been received and how long you should expect to wait before receiving a response. This may vary, but the industry standard is a week in which to receive an acknowledgement and 28 days for a response / resolution.
You’ve made a complaint – what happens next?
It is most likely that your complaint will be dealt with satisfactorily by the firm. However, if you feel that the response hasn’t addressed your concerns you can escalate your complaint.
For service complaints about delay, lack of information, or poor service in general this should be to the Legal Ombudsman (LeO).
For more serious matters about the conduct of an individual conveyancer or firm, you should contact the relevant regulator, the CLC or the Solicitors’ Regulation Authority (SRA).
You must have made a complaint to the conveyancer or practice in question and received a response before you are able to escalate matters to LeO. You must make sure you have all the relevant details such as names, dates and details of your correspondence that clarifies your instructions, details of the complaint being made and any losses you may have incurred as a result.
Regulators such as the CLC deal with complaints about the honesty or ethics of your lawyer, which may be in breach of our Code of Conduct.
These could include losing your money, acting dishonestly in giving you advice, continuing to act for you despite a conflict of interest, or discriminating against you because of age, disability, gender, sexuality or any other protected characteristic. We will always acknowledge initial receipt of your concern and aim to respond formally within 28 days.
The CLC monitors its regulated conveyancers to ensure that issues like the above are kept to a minimum, but if you do have to complain then we want to make it as fair and straightforward as possible.
Stephen Ward is director of strategy and external relations at the Council for Licensed Conveyancers
