Changing solicitor during conveyancing

hawkeye_bmr

We are having a bit of trouble with our solicitor at the moment and wondering if we change to another, would we still have to pay him?

They seem to be against us purchasing a property that we are sale agreed on. The issues he is highlighting is lack of home bond and the fact that the council haven't fully completed the taking in charge process.

We don't mind about the home bond, as the house is already 10 years old, any home bond that was on it would be pretty much null and void once its 10 years old. We got a structural survey done and only a few minor issues were noted.

We have also been in contact with the relevant people in the council regarding the taking in charge of the estate. They have informed us that some inspections have taken place and so far everything looks fine.

The solicitor has written to us, saying that if we want to go ahead and purchase the property, they are happy to complete the sale, but they will not be held responsible for any issues that arise in the future in regards to problems the estate may have.

Each time we were in contact with the solicitor over the past 2 weeks, they have mentioned a certain EA and a certain development...
A quick google search shows that they are listed as the solicitor for this development.

This has planted doubts in my mind on whether they are trying to promote the development in order to get payment form us as buyers and the developer as a seller.

I don't know whether to stick with them and just get the to complete the sale asap then have nothing more to do with them, or to sack them and start the process all over again with another firm.

Lumen

IMO the solicitor is slightly exceeding his brief, which can be interpreted as being either helpful or hindering depending on your perspective.

AIUI conveyancing is mostly about achieving the clean transfer of a thing from one person to another, with money passing in the other direction, and making sure that the thing is correctly legally described and documented.

It's not their job to give an opinion about whether you're making a good or bad buying decision, or to opine on whether the house is likely to fall down or not.

Is it possible you're just annoyed that they're not as positive as you are about the property? It's a very emotional decision.

(this is not legal advice, I am not a lawyer)

MouseTail

Of course you will have to pay him for the work he has carried out. They are just doing their job warning you about the estate not being the responsibility of the Developer or the Council currently, albeit being very thorough. I think you would be crazy to change at this stage of the process.

davo10

Your solicitor must act in your best interest and advise you of any issues that they identify. They have told you they are happy to proceed at your request but it must be noted by you that they have made you aware of the issues which concern them and that you are instructing them to proceed despite this.

You just need to give them written instruction that you have considered their concerns but still wish to proceed with the purchase. Any problems which occur in relation to this is your responcibility and your solicitor will be blameless.

I suspect that you will still be charged for the time spent on this by your current solicitor so you will be paying on the double.

Incidentally, your current solicitor could not act for both the seller of the other development, and you as this would be a conflict of interest so don't think that he/she will be paid on the double if you buy there. It actually would be if more financial benefit to the solicitor for you to buy your current property and someone else buy in the new development, two clients, two seperate transactions, two fees.