How should conveyancers treat agents?

Bit late Rebel, already started on it.

• 17 December 2010 12:28 PM

@ Rob H
"I will see if I can draft a Service Charter..."

Give it up Rob.

• 16 December 2010 16:06 PM

Paul, I agree with you on so many issues. I also used to send copy letters to my agent contacts, which I agree, resulted in fewer calls made and received. As a reasonably efficient conveyancer in a chain I also suffered by those less adequate or conscientious. Your missing lease story should not have happened and I agree that it would help if more agents understood the basic conveyancing process.

There are many reasons (not all good ones) why some conveyancers sit on their hands, moan about your earnings and treat you like something nasty but this is probably not the best place to discuss them, we need to move forward. Next year, conveyancers will have their backs to the wall for a number of reasons. Any conveyancer worth his or her salt will want to develop existing contacts and make new ones. If ever there was a time for the two industries to join the dots, this is it. It would benefit the agent, the conveyancer and more importantly for both, it would impress the home moving public.

I will see if I can draft a Service Charter, maybe it should be a two way document, a mutually beneficial Estate Agents and Conveyancers Charter? If you, or anyone else wants to input please email me.

• 15 December 2010 11:22 AM

Rob H - I suggest that the law society in not allowing contact through the chain is a show stopper. We talk to evryone in the chain so why the hell did you not ask any agent in the chain sooner? This just emphasises that conveyancers are as I said earlier dimwits. Think outside the box and talk to us agents to find out what we do. You might learn something and god forbid it might help you to get the deal done sooner. You collectively sit on your hands - why? You moan about what we earn - why? You generally treat us agent like something nasty you trod in - why?

Answers on a postcard or why not post them here for all to see what you conveyancers are thinking.

I suffer fools badly and make no bones about it and I am happy to point out the error of some conveyancers ways. That sorts the men from the boys I can tell you.

• 15 December 2010 10:49 AM

Since the legal process can be done on line except in the case of un-registered title why do those doing the work make such a pigs ear of it all. Had a sale fall apart because the buyers legal dimwit moaned they had not had a copy of the lease in the documents. Sellers said it had been sent and then a short while later due to no progress the rug was pulled. Should have gone to specsavers! I said should have got one on line as the cost would have been less the the abotive costs and their client would have got the property they wanted. They just did not get it and could not understand why it all went wrong. I told their client and stuffed them. They put me to more effort quite needlessly.

I am afraid the whole system is peopled by idiots so to get them to talk to us - dream on.

Agents SHOULD know the legal process and then understand the questions they should ask and what answers they should get. If they dont then they should learn or get out of the business.

Irritate a solicitor with the line 'hows it going' is the sure fire way to not get to talk to the one doing the work.

The best one I dealt with used to send out copy letters of the crucial stages so all I had to do was read his letters. Rarely did I have to phone him. Sadly he left the business in this downturn.

• 15 December 2010 10:40 AM

Bottom left, page 17 on www . mrshailstones-guide-to-advanced-roleplay.com.

Who is that if it isn't you Rob?

• 14 December 2010 16:13 PM

The comments posted have been helpful. I will see what, if anything, I can do to turn them into something practical. If anyone wants to communicate direct please email me at rh@boldlegal.co.uk. Finally, it has been an iteresting year (even in my worst moments my wife never pictured me as a Nazi!). I would like to wish all readers and posters, a happy Christmas and, one way or another, a properous New Year!

• 14 December 2010 15:03 PM

Frank & open communication would be great. I get bored hearing 'waiting for replies to enquiries' too often & may as well be told that another red bus has gone by. I have been surprised how often I have found that there is a bottleneck and all appear to be politely waiting for the other to go ahead. When this happens, a way forward can often be found but needed the initial communication. Essentially the English conveyancing system is out of date and until/unless it is tightened up, we must communicate and help one another. An online progress chart would be lovely ... but one charming local solicitor refuses to even have email or broadband! He is both worried about viruses and, shockingly, worried at the thought of his clients being able to contact him too easily!!!!!!!!!!!I kid you not. We are treated very well by our local solicitors. Out of area its a mixed bag but often depends on how well we initiated the initial communications. Very cheap or corporate conveyancing factories/teams are almost always a nightmare being very slow and useless at any meaningful communication.
Keeping us in the loop more would help, and would also meanthat we did not have to bother the conveyancer with too many phone calls which must be very disruptive.

• 14 December 2010 14:54 PM

I suppose the definition of what makes a "good conveyancer" is relevant. Good for the client, the lender, the agent? Conflicts of interest can and do arise.

• 14 December 2010 11:15 AM

The best thing you can do is find a good firm and send your clients directly to them. irrespective of referral fee. (and bottles of JW) If the solicitor will communicate with you, half the battle is won. There will be many firms who will make this new scheme that I wouldn’t touch with a disinfected barge pole.
No different to saying that all members of the ombudsman scheme are good agents.

• 14 December 2010 09:48 AM

As well as, or instead of, a referral fee Mr Daws?

• 14 December 2010 07:09 AM

How should conveyancers treat agents?

Well since you asked, kindly. A bottle of JW Blue Label goes down well at this time of year.

• 13 December 2010 20:24 PM

Apparently, yes. Most but not every firm is expected to get through the application stage either.

• 13 December 2010 16:46 PM

What would happen to conveyancers that join but do not adhere to the codes. Would they be kicked out?

• 13 December 2010 14:53 PM

TFLTU, I take on board your comments. As a conveyancer I also found it very useful to see a copy of the chain sheet. It is helpful to know which others lawyers and agents etc are in the chain and where any weak links might be.
Many years ago, at the top end of a very long chain, I was cursing the unkown conveyancer at the bottom for delaying exchange. Only to find out after much additional work, it was me still waiting for a mortgage offer for my first time buyer clients! We can improve this system if we all work together.

• 13 December 2010 14:48 PM

Ok, firstly the conveyancing process should start when the marketing starts so as to avoid any potential fall throughs.
The agent should send the conveyancer a copy of the sales info and home report (if applicable) thus they are both sharing the same info.
The conveyancer should check title deeds asap and confirm all is in order etc
The conveyancer should double check outstanding mortgage amount versus anticipated sale value and that it will leave a reserve where we will all get paid.
The conveyancer should confirm receipt of our mandate and confirm if there are any problems with payment when they arise.
Basically communication is key in this area.
Often it is the agent that recommends a conveyancer to the client in order to ensure that the step by step communication is proactive.
If all conveyancers made the process proactive and not reactive we would have an awful lot more completed sales and happy customers.
Work Together, Not seperately.
Lastly, and I mean this in a nice way but conveyancers should stick to legal work and withdraw completely from estate agency.
You know it makes sense?

• 13 December 2010 12:09 PM

An exceptional idea!

• 13 December 2010 11:42 AM

Rebel, no Bill McClintock was not responsible.
Of all the legal services available conveyancing has the highest number of claims, mortgage fraud and money laundering is still a problem. Lenders are removing conveyancing firms from panels and separate representation (different solicitors acting for lender and buyer) is one option being considered. Professional indemnity premiums are also increasing for many firms. The Law Society hopes that widespread acceptance and use of this new scheme will address many of these issues. I agree good conveyancers don't need a charter but how often do you get a chain full of good conveyancers?

• 13 December 2010 11:38 AM

Considering it is the professionl estate agent who is the "kingpin" with a sale, I'm disappointed that it doesn't treat them equally but is this a big suprise to anyone? Just as in estate agency there are good, the indifferent and bad conveyancer. The latter certainly won't want to change there ways and attitude with estate agents so no suprise agents are left out of the charter.
Good conveyancers don't need the charter as they already speak with everyone involved, so is this an indictment on how poor conveyancing is, to need a charter?

• 13 December 2010 11:09 AM

One of the best things solicitors can do is provide an online progress page so that agents can check that decent progress is being made in each case.

• 13 December 2010 10:52 AM

Is Bill McClintock the man responsible for the Law Society's CQS scheme?

• 13 December 2010 10:11 AM