Is your conveyancer up to the job if things go wrong?

09 Apr 2014

Things can go wrong, and the key is to have secured an expert conveyancing solicitor who can make instant decisions and offer solutions. Even to step up and carry out the other conveyancer's role if they are not up to the job.

Remember, the speed of a house move is only as fast as the slowest conveyancer in the chain – a chain you might be in the middle of, say with the buyer at the bottom, whose seller is also buying, maybe you are selling to them, putting you at the top of your chain.

Everyone, including you, will want to be satisfied with their own legal papers on his or her transaction, that any defects can be solved and that delays are keep to an absolute minimum.

But not everyone will have secured a conveyancer who is as effective as they could be. Are they even qualified as a Solicitor or Chartered Legal Executive, are they junior, and did they charge such a low fee they have no motivation to step in when the going gets tough?

Examples of where your house move can fail with a mediocre conveyancer are plenty, such as:

  1. You are selling a lease of a flat with too few years left. It needs extending. The Landlord wants proper legal notices to be served. Will your conveyancer know what to do?
  2. Your conveyancer is junior or has had multiple claims and so raises rafts of legal enquiries grinding the conveyancing to an unnecessary halt.
  3. You are buying a property with unregistered land. Will your conveyancer know what to do, or will they feel their lack of experience means they must charge you extra?
  4. The buyer's conveyancer at the start of the chain forgets to organise mortgage money to arrive the day before completion leading to late arrival on the day of Completion. People are outside houses with removal vans. 2pm arrives, 3pm, 3.30pm still no money. What then? Which conveyancing firm goes silent as they do not know what to do? Who charged too low a fee and do not have solution offering solicitors ready to solve the issue? And which conveyancing solicitor steps up to organise the whole chain to keep the deal in place?

Choose wisely, as conveyancers come in all sorts of quality. Many incorrectly approach the legal process as anonymous IT/admin clerks who think in terms of conveyor belt process and IT systems to make their lived easier, not yours. Who rapidly become over their heads when the most trivial of issue arises. They may be cheap, or they may have been recommended to you because they paid the recommending estate agent, but they may be very bad for your property move.

An expertly qualified conveyancer can avoid the waste of your survey and mortgage fees, by solving stumbling blocks and so keeping your deal moving forward.