When you’re selling a home, your conveyancing solicitor or licensed conveyancer is key to ensuring the process runs smoothly and efficiently. It’s complex and involves navigating a number of different steps, especially if you’re buying a new property at the same time, so you rely on them to get you through it effectively.
If you’re not happy with your solicitor, you may be worried that they could hinder your house move or even cause your sale or purchase to fall through.
The good news is that you can change your solicitor during the conveyancing process. However, it’s important to be aware of the implications and consider whether it’s the best way forward before you do.
Find out more about the legal process when you’re selling or buying a home in our guide to what conveyancing is.
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Why switch solicitors?
There are a range of reasons why you might want to change your solicitor, including:
They’re working too slowly
They’re not responding when you need them to
You think they’ve given you incorrect or conflicting advice
They’ve been rude or uncooperative
You’ve lost confidence in their ability to do the work
You’ve been hit with unexpected charges
You could also be forced to change solicitors for reasons outside their control, such as:
The law firm they work for has closed down
They’ve been taken ill or died
They can no longer act for you because of a conflict of interest
What are the downsides of changing solicitors?
While you might get a better service by changing solicitors, there are some potential downsides you need to consider.
The process could end up taking longer overall. There could be a delay in your new solicitor receiving the paperwork from your current solicitor. Once it arrives, they have to spend time reading it to get up to speed.
They may also need to review the work that has already been done and repeat work. This extra time is likely to add to the overall cost.
You usually have to pay for the work that has been done by your current solicitor up to that point, even if they were working on a fixed fee or ‘no sale, no fee’ basis. Read the terms you agreed to when you instructed them to find out what you’ll be charged. There may also be a fee for transferring the paperwork to your new solicitor.
If you decide to argue that you shouldn’t have to pay your current solicitor because their work hasn’t been up to scratch, you should get their agreement in writing to ensure you’re not hit with a bill later.
The further on in the process you are when you switch, the more delays it could cause as there’s more work for the new solicitor to review and potentially repeat.
Before you decide to switch, if your solicitor works at a firm it’s worth either complaining to a senior partner or asking whether another solicitor there can handle your case. This could get you a better service without going elsewhere.
What’s the process for changing solicitors?
It’s relatively straightforward to switch conveyancers. You need to:
1. Choose a new conveyancer
As when you chose your current conveyancing solicitor or licensed conveyancer, you need to find a new one by asking for recommendations or searching online. Ensure they have sufficient expertise to do a better job than your current solicitor. Read more in our guide to how to choose a conveyancer.
2. Contact your new conveyancer
You should contact the new conveyancer you’ve chosen to ask whether they’re able and willing to take over your case. It’s also worth checking that they can progress your case quickly to avoid any more delays.
Once they’ve agreed to take over, they’ll send you a form of authority to sign. They can then contact your previous solicitor to ask them to send the paperwork.
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3. Pay your previous solicitor’s bill
Pay the bill from your previous solicitor promptly (unless you have their written agreement that you don’t have to pay). They won’t usually send your files to your new solicitor until you do, so the quicker you pay the quicker the work on your case can continue.
Your previous solicitor will also send over any money they’re holding for you to pay for legal costs such as searches unless it’s used to pay your bill. However, if mortgage funds have already been transferred to them, this money has to be returned to the lender. The mortgage offer is then reissued to your new solicitor and the funds transferred to them.
If the firm of solicitors you were using has suddenly shut down, the Solicitors Regulation Authority or Council for Licensed Conveyancers will appoint an agent to hold its files and assets. It will then contact you. When you have found a new solicitor, they will ask the agent to send them your files and money.
When is it too late to change solicitors?
While there’s nothing to stop you switching solicitors at any point, it’s not a good idea if you’ve already exchanged contracts. This is because you could incur financial penalties if you miss your completion date as a result.