The HomeOwners Alliance guide to:

Finding the right or conveyancer

Once you have agreed on an offer, you need to choose a solicitor or conveyancer to transfer the legal ownership of the property from the seller to yourself. Choose the wrong one and it could add hundreds of pounds to your bill - or even derail the whole buying and selling process.

What is the difference between a solicitor and conveyancer?  A solicitor is a qualified , with extensive training in many aspects of law, and can offer full legal services such as taking someone to court  A licensed conveyancer has less training, but is specialised in property  are almost always more expensive than conveyancers  Solicitors must be members of the Law Society - www.lawsociety.org.uk/  Conveyancers must be members of the Council for Licenced Conveyancers - http://www.conveyancer.org.uk/  Many larger solicitors practices employ in-house conveyancers, to do their for them

What can go wrong with them? Some homebuyers get frustrated with their solicitors or conveyancers:  Conveyancing involves a lot of paperwork and it is vital that all aspects are correctly completed. If they are not diligent and efficient in sending off the right bits of paper at the right time, they can cause considerable delays to the process – even to the extent of causing the sale to fall through.  Some can be difficult to get hold of, meaning it is difficult to track how your case is going, or to get any questions answered  An efficient and communicative solicitor or conveyancer will make the whole process a lot less stressful. Preferably avoid solicitors or coneyancers who haven’t yet discovered the joys of email – it will make them less easy to communicate with.  It is also important that the buyer or seller communicate properly with the conveyancer; disorganized customers can cause just as many delays and problems  They can give you low quotes but then reveal lots of hidden costs. Do your research and make sure you are aware of what the final bill will be.  Whatever you do, avoid solicitors/conveyancers which charge an hourly rate, and be wary of any quote that does not fully itemise all charges

What about online conveyancing? Traditionally homebuyers have used local solicitors or conveyancers, often recommended by their or mortgage lender (see below). However, online conveyancing is a growing area that is transforming the industry – generally for the better.  Online conveyancing companies sell their services over the web, usually backed up by a call centre. They are often based in business parks and are effectively warehouses of fully trained conveyancers dealing with thousands of property transactions  They are usually much more efficient and better value as a result of economies of scale and not being based in city centres The HomeOwners Alliance guide to: 2 How to afford to buy your home

 Like ordinary solicitors, the quality of service can be mixed  You deal with them via email and telephone and never see them face to face  Some online conveyancers’ business model means your file is on a system and you talk to different people each time. This can be frustrating. Others allocate your file to one person which provides you with a point of contact  Good online conveyancers should enable you to access your file 24/7, so you can see its progress. This is useful because when sellers badger buyers for updates you can tell them immediately  Be aware that many websites describe themselves as online conveyancing, but are actually just price comparison websites which will get quotes for you from third party conveyancers or solicitors. This can be very helpful in finding a cheap service, but you can’t be sure about sort of quality of service you are going to get from whoever you end up with  However, conveyancers – whether online or not – cannot deal with complex legal issues, and you should then go with a solicitor

When should I use a solicitor rather than conveyancer?  There are times when you are dealing with particularly difficult transactions when you should use a fully qualified solicitor  For example, if a lease extension is part of the purchase or if there is a dispute over the boundary, or if the sellers are getting divorced and are using more than one solicitor  If there are any legal issues outside , then a conveyancer would have to refer you to a solicitor in any case  But in most cases, an ordinary conveyancer will be able to handle it from beginning to end

What are the downsides of a solicitor?  They are almost always more expensive. Make sure you get full quotes from a solicitor so you can make a direct comparison in price with alternatives, as prices can vary massively  They might also be distracted – they will usually be handling many other more complex cases with urgent deadlines which can push your ordinary conveyancing to the bottom of the in-tray  Solicitors are required by law to see you in person, to verify who you are. This is clearly inconvenient, especially for working people, and means you should not use a solicitor whose office you are not prepared to visit  Many solicitors have very antequated working practices, and refuse to use emails to conduct business. Some also work in tiny practices, and have trouble providing continuity of service if they go on holiday. If they are a small practice, ask what holiday cover they have  Most solicitors are highly specialised, but some are generalists who do the occasional bit of conveyancing. Ensure your solicitor is a property specialist

If you are getting a mortgage  Mortgage lenders will only deal with certain solicitors and conveyancers – those on their “panel” – who in turn usually pay the lender for the privilege  Some lenders have hundreds of solicitors and conveyancers on their panels while others, like HSBC, have fewer than 45.  If you do not use a solicitor on their panel you will usually have to pay for the bank’s representation fees. This is usually around £200 but varies from bank to bank. For example, if you use HSBC you pay the bank, but if you use Halifax you have to make your own arrangements  Ask your solicitor/conveyancer what panels they are on; or ask your mortgage lender to recommend a solicitor, or what they do if you use a solicitor or conveyancer who isn’t on their panel

Should I go with the estate agent’s recommendation? Estate agents will often recommend a local solicitor or conveyancer. But they often do so because they get a hefty commission that can add several hundred pounds to your bill. The risk is that they recommend the

The HomeOwners Alliance guide to: 3 How to afford to buy your home

person that pays the highest commission rather than the one that offers the best service to you. If your estate agent does recommend someone, ask if they are getting paid commission to do so. If they won’t tell you how much, it’s probably a lot.

How else can I find a conveyancer or solicitor?  ask friends and family  find a solicitor from the website of the Law Society  find a conveyancer from the website of the Council for Licenced Conveyancers  The trouble with getting them from these websites is that you will know nothing about sort of service they offer, what their value for money is, and whether their clients have been happy or frustrated  Go to our website to see our offer from Convey Law

Links: Should I do conveyancing myself? DirectGov advice - http://www.direct.gov.uk/en/HomeAndCommunity/BuyingAndSellingYourHome/BuyingYourHome/DG_1864 72 Find a solicitor from the Law Society - www.lawsociety.org.uk/ Find a conveyencer using the Council for Licenced Conveyancers - www.conveyancer.org.uk

See what other people are saying about conveyancing in our forums - http://hoa.org.uk/forums/

Contact If you’d like more information contact:

T +44 (0)20 8292 0361 M +44 (0)7947 240293 E [email protected]

HomeOwners Alliance Limited www.hoa.org.uk

Legal disclaimner: The information contained in this guide should not be regarded or relied upon as a complete or authoritative statement of the law. HomeOwners Alliance makes every effort to ensure that the information is accurate; but it accepts no liability for inaccuracies, or the consequences of following our advice. If you think that you have a legal problem, you should get advice.

© HomeOwners Alliance 2012