Have a question? Call us on 0800 1979 345
This article was published on November 14th, 2023
Embarking on the journey of buying or selling a home is a significant milestone — one filled with excitement and, at times, stress. There are many steps to consider, and one of the most critical ones is choosing the right conveyancing solicitor. They play a pivotal role in guiding you through the process, although there might be circumstances that prompt a change to a new solicitor. Changing solicitors during the conveyancing process can be straightforward, but it can introduce an element of uncertainty. With this in mind, we’ve taken a look at some of the most common questions that might arise from changing solicitors during the process.
While we hope such a change isn’t necessary, the reality is that you can switch solicitors at any point during the transaction. Several reasons might prompt the need to change solicitors during the process, including:
If you have decided to change your conveyancing solicitor, you shouldn’t waste time doing so. While it is possible to switch solicitors at any stage, it is easier to transfer the work earlier than if contracts have been exchanged and a completion date decided. This is because the new solicitor must conduct their own work and investigations to ensure the seamless progression of the transaction, and this can duplicate work.
Where the change is prompted by the inability of the previous solicitor to continue, you may need guidance on claiming compensation for this unforeseen situation.
At Thorneycroft Solicitors, we streamline the transaction for you. Our expert team of conveyancing solicitors is ready to take over, arranging the transfer and ensuring a smooth continuation of the conveyancing process.
A key factor influencing your decision to switch conveyancers is whether or not you will be required to pay the first solicitor for work already carried out.
The answer depends on the firm’s policy. Some firms might not charge for any work if a transaction remains incomplete, while others may charge a percentage of the overall fee for any work done. The first step in making an informed decision should be locating your paperwork, as the specific terms outlined in the agreement will detail if and how much needs to be paid. It’s essential to note that if you’re changing solicitors due to your current one being unable to act for you or the firm closing down, there may still be a requirement to cover the costs of work already undertaken.
Typically, your original solicitor won’t release any documentation to your new conveyancer until the payment for work completed is settled. To initiate the transfer, your new conveyancing solicitor, who has taken over the case, will have you sign a form of authority. This authorises them to contact your original solicitor and obtain the necessary files.
For those selling a property, your new solicitor can obtain a copy of your title directly from the Land Registry. They may also be able to continue the conveyancing process without receiving the documents held by the first firm if the contracts haven’t yet been exchanged. However, if your title is unregistered and your original conveyancer possesses the deeds, they will need to pass them on to the new solicitor. An additional cost may be incurred for the transfer, which will need to be determined with the original solicitor.
If your original solicitor is holding money for you, they will be doing so in a separate bank account. The process of having these funds transferred to your new solicitor should be straightforward, as your original solicitor will work with your new solicitor to transfer the funds on your behalf. Any money held should be promptly refunded, deducting only the costs incurred so far with your consent. Your involvement in this decision-making process is paramount, ensuring transparency and understanding.
However, it is important to note that this will not apply if the money represents an advance on your mortgage from a lender. In these cases, the funds belong to the lender until the purchase of the property is completed.
In situations where you’re dealing with a firm that has closed, the process of transferring money can sometimes be lengthy. The agent firm dealing with the closed firm needs access to their accounts before verifying who the money belongs to.
You may incur some costs if you decide to change conveyancing solicitors. The original paperwork from your initial solicitor will detail any abortive costs that might be applicable. Additionally, it is crucial to be aware that if you have opted for a ‘No Sale No Fee’ agreement, fees may still be required. This agreement typically holds when a transaction fails due to factors beyond your control rather than choosing to switch solicitors.
It is unlikely that you will face any penalties for the change unless the completion of the transaction is delayed as a result. Other penalties may also be incurred, but consulting your new solicitor is always the best course of action for a comprehensive understanding of the potential implications.
In the event of a firm closure during your transaction, the Solicitors Regulation Authority (SRA) or Council for Licensed Conveyancers (CLC) will intervene. These organisations will arrange for your documentation to be held by another firm, known as an intervention agent, who will be in touch regarding the next steps. If you have already enlisted a new solicitor, the process of transferring the paperwork can begin. However, it is important to be aware of potential costs that will arise as a result of delays caused by the firm closure, such as late Stamp Duty payments.
In cases where the closed firm held money for you, rest assured that it should be secure and easily recoverable. However, if this isn’t the case, the SRA and CLC offer guidance on making claims against firms that have ceased trading.
Our dedicated conveyancing team is ready to discuss your options should you choose us to replace your current solicitors.
At Thorneycroft Solicitors, our expert team of conveyancing solicitors is here to help. If your current conveyancing solicitor isn’t meeting expectations, changing solicitors can help you save money and lead to a simpler sales process. We pride ourselves on transparency, operating on a fixed fee basis to ensure you get excellent value for money and peace of mind that your transaction will be processed as efficiently as possible. If you’d like to speak to one of our fully qualified solicitors, contact us today. Call 03300 580 118 or fill out our simple online enquiry form, and we’ll be in touch.
