How to Put Pressure on Solicitors

Tired of waiting for your conveyancer to get the ball rolling? A delayed property transaction can be frustrating and stressful, with many others finding themselves in a similar situation.

Unless you have chosen an overworked or incompetent solicitor, there is always a reason for a delay. While you might want to put pressure on your solicitor to get the transaction over the line, don't do so at the risk of missing something that means you can't sell your property for full market price in the future.

The best advice is to understand the issues, who is required to address the issue, and get a realistic deadline for how long the issues take to fix. For example, updating a name in a contract is a quick 1-day turnaround, but problems with the Freehold Management company can take weeks, even months.

Average conveyancing time - the process

The typical conveyancing process takes around 8-12 weeks for transactions involving first-time and cash buyers purchasing freehold properties. In more complex cases, the process can take 12-16 weeks or even longer.

The approximate timeframes

• Pre-contract work - searches, survey, contract draft: 2 weeks.
• Buyer arranges mortgage and repayments: 4 weeks.
• Survey report and searches review, contracts drafted, inquiries raised: 2-10 weeks.
• Exchange of contracts and completion: 1 week.

Solicitor taking too long? Here's why

Here are some common reasons why your solicitor might be taking longer than expected:

Overwhelmed workload

Conveyancing firms can get busy, especially during peak seasons (March to May). A thriving housing market leads to increased demand for conveyancing services.

Staff shortages can also impact a solicitor firm's ability to handle its workload efficiently.

There is no way to speed up the title-checking process which usually takes place at the start of the property transaction.

It can take 1-2 weeks for your solicitor to check this and it's best to avoid clogging up their phones with an update request.

Complex property issues

• Issues with boundary disputes, shared ownership, or listed properties can take longer to resolve.
• Disagreements over property boundaries can require additional investigation and negotiations with neighbours or freeholders.
• Something as simple as fences or hedges shifting over time or not being well-defined in plans can create confusion about who owns what.
• Properties that are part of a shared ownership scheme can involve legal arrangements with the housing association.
• In some cases, there might be a claim made under a new-build warranty to fix potential defects which can then delay the conveyancing process.
• Leaseholds often require replies to legal enquiries from multiple parties: the freeholder, council, or other third parties.

Communication gaps

Misunderstandings or delays in communication between parties can slow down the process. If the required documents aren't provided on time or filled in correctly, this can hold up proceedings.

Slow replies from either side to enquiries can affect timings, so it's best to stay on top of these updates.

Replies to legal enquiries typically take 1-2 weeks on a freehold and 2-4 weeks on a leasehold property. If replies are required from a freeholder, council, or other third party then it will run longer.

Negotiations might occur if defects are highlighted in the survey results, meaning that either the seller needs to remedy the defects or the asking price is lowered for the buyer to take on the issue after completion.

You can speed up a lot of communication delays by setting specific deadlines, and potentially even threatening to pull out of the transaction completely if they are not met.

External factors

Issues outside the solicitor's control, such as lender delays or property searches, can impact the timeline.

If the mortgage offer expires, the buyer in the transaction will need to reapply. This can strain the conveyancing timeline.

Local property searches can take anywhere between 3 days to 180 days, depending on the council's turnaround times. The best way to speed up this process is to order the searches on instruction without delay.

If there are planning restrictions in place on the property, it can require additional investigation and approval.

How often should you contact your conveyancer?

Regular communication with your conveyancer is essential. While you don't want to pester them constantly, it's important to stay informed about your case's progress and address any concerns promptly.

• 1

  Initial contact and early stages

To best prepare yourself in this stage, regardless if you're a buyer or seller, make sure you have all necessary documents ready such as proof of identity, income, and property details.

For the buyer:

At the beginning of the process, there may not be much to discuss as the solicitor gathers information, conducts initial searches, and checks the property's title with the seller. However, it's still a good idea to check in every few weeks to ensure everything is on track.

Make sure to discuss deadlines from the outset with your solicitor. This can be anything from the mortgage application process to surveys and searches.

For the seller:

The beginning of the process will be when you are in contact with your solicitor the most. They will check and gather information about the property such as title deeds, planning permissions, and understand any outstanding charges.

• 2

  Mid-process

For the buyer:

As the process progresses, you may want to increase the frequency of your contact. Aim for weekly or bi-weekly updates to stay informed about any developments.

This is where you'll talk about the results of the survey and local searches and raise any inquiries. You will also discuss outstanding negotiations or amendments to the contract.

For the seller:

Contact may reduce as the solicitor awaits responses from the buyer's solicitor or mortgage lender. However, there might be discussions regarding any issues that arise, such as inquiries from the buyer's solicitor or negotiations over the property's condition.

• 3

  Towards completion

In this stage, both the buyer and seller will confirm the completion date, discuss payment arrangements and both party's solicitors ensure all funds are in place for the transaction.

For the buyer:

As you approach the completion date, it's important to have frequent communication with your solicitor. Daily updates may be necessary to address any last-minute issues and ensure a smooth closing.

For the seller:

Contact may be reduced as the final preparations for the sale are made. However, there might be discussions regarding the exchange of contracts and the completion date.

Can I chase the other solicitor?

No, you shouldn't contact the other party's solicitor - they will not speak with you. If you're concerned about the progress of the transaction and believe it is due to the other party's solicitor, here are some options you can consider:

• Discuss the concerns with your solicitor and ask them to apply pressure on the other party's solicitor.
• If you're dealing with an estate agent, they may be able to intervene and expedite the process.
• If you have the other party's contact information and you both agree that you can contact one another, reach out to them directly to ask them to speak with their solicitor.

How to deal with slow solicitors

Changing solicitors

If you're consistently dissatisfied with your solicitor's performance, you may want to consider switching to another firm. Here are some steps to follow:

• Collect all relevant documents, including the contract, any correspondence with your solicitor, and your mortgage offer.
• Look for reputable conveyancing firms to take on your case. You can ask for recommendations from friends, family, or colleagues or use SAM's expert solicitors.
• Provide your new solicitor with a brief overview of your situation. You can do that with us here.
• Once you have settled on a new solicitor, they will handle the transfer of your case from the previous firm.

Switching solicitors can add to the overall time and cost of the conveyancing process. It's important to weigh the benefits against the drawbacks before making a decision.

Filing a complaint

If you believe your solicitor has acted negligently or breached their professional duties, you may have grounds to file a complaint with the Solicitors Regulation Authority (SRA).

• Collect any evidence that supports your complaint, such as correspondence, emails, or witness statements.
• Submit a complaint form to the SRA and provide detailed information about your concerns.
• The SRA will investigate your complaint and may contact your solicitor to gather their response.
• If the SRA finds that your solicitor has acted improperly, they may take disciplinary action, such as imposing a fine or suspending their license.

Filing a complaint against your solicitor is a serious matter. It's important to consider the potential consequences before taking this step as all legal work will halt on your file.

Threatening to pull out

While threatening to pull out of the transaction can be a last resort, it may be necessary in some cases.

If you threaten to pull out, the other party may:

• Be willing to negotiate a settlement to avoid the hassle and expense of a legal dispute.
• Reffuse to back down and proceed with the transaction, even if it means going to court.

If you're not prepared to follow through on your threat, it could weaken your negotiating position.

Being realistic about providing a good service

The conveyancing process has so many moving parts, agendas, untold stories and issues and extremely costly errors could be made.

In the age of instant messaging, we all feel the need for immediate answers. However, in conveyancing, every word a solicitor speaks or writes to their client is considered legal advice which, if incorrect, means they can be held liable.

According to data from the SRA (Solicitors Regulation Authority), the number of complaints received in 2023 was 36,887.

The most common complaints were:

• Delay - 20%
• Failure to keep informed - 17%
• Failure to progress - 12%
• Failure to advise - 10%
• Excessive costs - 9%

The SRA states that these are the most common reasons for complaints every year and conducted research back in 2019 about the perceptions of the key expectations of a good service.

The users of legal services want regular communication about progress, clear information about costs, and information about the process. However, only 23% of firms think that the client's key expectations include a clear explanation of the process.

Fixed Fee Quotes

Local knowledge

On 99% of Lender Panels*

Conveyancing Quality Scheme**

No Sale No Fee***

Get a Conveyancing Quote

Trustpilot