Moving home? The importance of an experienced solicitor

Buying your first property, or even simply moving from one home to another can be stressful, especially as for most of us, it could well be the most expensive purchase we make.  It’s important that you choose the right solicitor to take the stress out of it, and have the whole process run smoothly.

Conveyancing factories

In recent years, there has been a rise of ‘conveyancing factories’ which can pose a risk for buyers, as stated by the Chief Ombudsman. The Legal Ombudsman Service has seen a sharp upturn in complaints about conveyancing services, which appear to be the result of ‘factory conveyancing firms’. These are usually companies that are easily found on the internet and are generally licensed conveyancers who are distinct from regular law firms.

Using one of these conveyancers, or a conveyancer appointed to you via your estate agent can result in dealing with inexperienced juniors (who may be fully competent, but unaware of potential issues that may arise) causing delays whilst processing complex transactions. Buyers are regularly tempted by the low costs of these types of licensed conveyancers, however, a large amount of these firms fail to announce the full extent of disbursements that will be relevant in any such transaction.

There are other issues aside from the fees. The Legal Ombudsman has received complaints such as a conveyancing firm missing the fact that an attic, thought to belong to the flat being purchased, was part of a neighbour’s property. Another client was led to believe that their property had a large garden, however, the conveying firm missed the fact that only a small section of this land came with the property.

Avoiding pitfalls

To avoid these issues, it is important to consider the value of having an experienced solicitor to guide you through the whole process. You will have one point of contact, as opposed to a conveyancing firm where you may be left with your case passed around between several case handlers. A dedicated solicitor offers a personal touch, being available for any queries you may have during the process.

While an unqualified conveyancer may have gained some experience, it is doubtful they will have much knowledge of other potential issues and areas of the law, which could have an impact on the buying or moving process.

Case study

We acted for a client after an estate agent referred them a conveyancing firm who couldn’t take care of every eventuality. They went to the conveyancers to be told that their mother’s title wasn’t registered with the Land Registry. The client couldn’t find the deeds to their mother’s home, and was unsure of what to do, with the conveyancers stating they would need to come back once they had found the deeds.

Following this, the client came to Pearson and spoke to Victoria who has extensive previous experience of these matters. Victoria’s expertise and experience allowed for the eventual registering of the title, in a quick and efficient manner – something which could have been done at a much earlier stage, saving the client a lot of time.

The conveyancing firm used initially might have been more than capable of making the transaction, but issues may arise during the process of conveyancing which may cause hiccups in the process, leading to long delays, and a lot more stress.

Contact

For more information regarding conveyancing or more general property issues, you can contact Victoria Marshall at your earliest convenience on 0161 684 6940.

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.