Should I change my solicitor?

[nicojo]

I have been in the process of selling my house due to a relationship breakdown. An offer was accepted 4 months ago & the process has been very slow as my solicitor has not really pushed ahead even though she is aware that I need to move out with my son asap.
I heard at the weekend that the buyer was advised by her solicitor to pull out, on the grounds that my solicitor has been holding up the sale & not answering questions fully.
I went to the firm to complain, & they said that they would get back on the case...I am not satisfied.
Should I get a new solicitor once the house goes back on the market again, or stick with the old one & hope they are more pro-active next time? (They were very good with the family side of things just not the conveyancing) & I have to bear in mind that if I get a new solicitor, I will still have fees to pay to the old one!
Sorry very long - I'm very confused. Any advice appreciated.

[dizydosydoll]

Hi,

This is a very stressful situation as it is without having the difficulty of the solicitor as well.
I cant understand why your soliciter would want to delay, however if I was you I would go in and explain that you are considering changing soliciter due to the unproffesional service and see if they apologise and offer to be more help,if they do I would stick with them just because of the money it is costing, if they dont seem intrested when you tell them that you are considering changing, i would use another soliciter, because once a house is sold it is usually 6 weeks to process.
Hope you get it sorted.

[Eve]

As regards the current sale complain in writing if you have not already done so.

Write a letter to the senior partner (or complaints partner who should be named on the first letter you got setting out costs etc...) setting out your grievances and stressing the urgency and what you've heard about the buyer being advised to pull out. Try to back things up with examples.

Try and include the relevant details in your heading ie your name, address of the property, their reference if you have it and the nameof the person dealing with your matter on a day to day basis. It is better typed than handwritten.

Try setting out your issues point by point and ask them for a written reply responding to each point in writing within 7 days due to the urgency of the transaction.

Give your contact details in case they want to discuss the same or to speak to you in person but explain if you are not contactable in office hours as for example you are at work.

State that if you do not hear from them within the 7 days you will copy your letter to the Customer Complaints service at the Law Society.

You can find their details here...http://www.lawsociety.org.uk/choosingandusing/ redressscheme.law.

You could also stress that you had used the firm previously and been very pleased and that it is a shame that it has come to this etc...

Make sure you keep a copy of everything.

If the sale falls through I'd consider instructing new solicitors for the new sale, explain the situation to them.

They may take it on and agree with your current sols to discharge their fees on the sale (subj to negotiation as to the fees to be charged if there are any grounds for complaint).

All docs can be sent over quickly and easily and if the current buyers

[nicojo]

Thank you very much. I have just written a letter of complaint as the sale has fallen through. I explained in person that I was considering a different solicitor if the house has to be put back on the market..no apology or encouragement that they will get their act together, just "well there is no need for that".
Having spoken to a few neighbours is transpires that the firm are notorious for 'dragging their heels'.
I will get a new solicitor in the morning & get the file transferred over.
What a horrible situation! Thanks again for replies, really did not know what to do. Onwards & upwards....

[Eve]

Awww no :( Well if you get a new solicitor then maybe the agents can get the sale back on if the old buyers haven't got anywhere else.

Try here for finding a solicitor...http://www.lawsociety.org.uk/choosingandusing/ findasolicitor.law although word of mouth can often be best.

I'd seriously consider speaking to the Law Society on the details I posted before about your current sols.

Keep records of any additional costs you have incurred due to the sale falling through, any loss basically. They may be able to help you sort out the amount of abortive fees if any are asked for.

Hope it all works out for you x

[nicojo]

Thanks Jenna. The buyer is already in the process of purchasing another property, so that's that I guess.
There have been no real costs so far - apart from losing a place to rent & my mind at times! I certainly expect them to reassess their fees as we did not go to completion & I look forward to their reply to my complaint....
Your advice was great, I really appreciate you taking the time. Thanks.

[Eve]

No worries, it left off the end of one of my previous threads, meant to say that if the former buyers had done searches they may be willing to see them on to the new ones to save time.

Mention this to any new sols you appoint and the agents.

x