Changing your solicitor during conveyancing can be done. You are probably considering it because you are experiencing long delays to your sale or purchase. Or perhaps you are frustrated from the lack of communication.
There are a whole bunch of reasons why a case may be delayed, or the communication is slow. Rather than focus on them, this guide is there to help those who want to switch solicitors during conveyancing.
The good news is that changing solicitors is fairly straightforward to do and you are perfectly entitled to do it.
They cannot withhold your money from you. If you choose to change solicitors during the conveyancing, they will have to refund you any money you have sent them, minus any costs they have spent so far (they will call them disbursements). They should not have deducted these items from your money without your consent (they will have been on your original quote). Depending on how far through the process you are, there will be costs such as ID checks, searches or bankruptcy search.
Changing your solicitor during conveyancing isn’t a big issue for your mortgage offer, there's just a couple extra steps to do.
The first thing to check is whether your new solicitor can work for your lender. When you first speak to the new solicitor, let them know which lender you have a mortgage offer from. They will confirm if they can work for that lender.
You will need to let your lender know that you have changed your conveyancer. Send an email to your broker or contact at the bank with the new solicitor name, telephone number, email & address.
You will also need to let your new solicitor know that your lender has already issued an offer to your old firm. They will also reach out to your lender, to confirm that they are now acting on your behalf.
They will look after the transfer for you. Tell your previous solicitor the new solicitors details, including the person taking on the case. Your new solicitor will chase them if they haven't received the case file soon.
You will always be charged for any disbursements that have been carried out. Firm policy will determine whether or not you will have to pay any abortive costs. This will have been included in your initial letters.
If you have exchanged contracts and have decided that you do not wish to proceed to completion, you will lose any deposit you have paid, or forfeit any deposit that you have paid.
If you are selling a property and you have been encouraged by your estate agent to use their recommended conveyancer, you may incur costs for moving firms.
It depends on your law firms' policy, check your quote and the terms of engagement. Some firms will not charge you for any work carried out if your transaction does not complete, others will charge you a percentage of the overall fee for any work that they have completed along with the cost of any disbursements.
You will need to make a request in writing for the papers to be transferred to your new conveyancing firm. If they refuse, you will need to make a complaint, following their complaints procedure and if they fail to respond, you can report them to the Legal Ombudsman.
The SRA tends to only get involved when a solicitors firm has to be intervened. They are a regulatory body and as such provide the code by which solicitors must comply when running their firm. They may become involved if the firm has been subjected to a Cyber Breach or breach of the code. If you have a complaint they will refer you to the Legal Ombudsman.
No. Searches can be shared amongst solicitors when you are changing. If you provided the original solicitor with money on account and they have used that money to purchase those searches, then you are entitled to them.
We understand it can be a stressful time. Especially when your life feels like its on hold until this transaction completes.
You’re in a hurry. You don’t need a 16-week process of pouring over laws that were made two hundred years ago. You need a good lawyer that knows the meaning of risk & yet can still be quick. And you needed them yesterday.
Give us a call. We’re the same cost as most conveyancers, but out-of-this-world service. And we’re no completion, no fee.
Dear (conveyancer name)
I am writing to let you know that I am changing conveyancers. Please can you provide me with a final invoice for the disbursements incurred so far. Can you send any remaining money on account to the following bank account:
Sort code:
Account number:
Please can you send the case file to the below. They are awaiting your email:
<<New conveyancer>>
<<Firm name>>
<<Email address>>
<<Telephone number>>
Kind regards,
Dear (estate agent name)
I am writing to let you know that I am changing conveyancers. Please can you update other party’s conveyancer that the below will be in contact to continue the case:
<<New conveyancer>>
<<Firm name>>
<<Email address>>
<<Telephone number>>
I have provided them with your details too.
Kind regards,