Instructing a solicitor of your choice when buying or selling property

For most people, buying or selling a property is something they may only do once or twice in their lifetime and it follows that it is a new experience with pitfalls. There are pitfalls also for the more experienced. A local accessible adviser working for you can be important to provide assistance if needed.

Many estate agents now operate referral arrangements for which they receive a fee for each client introduced to solicitors. That can be quite a high fee and, ultimately, it is the client that is paying it. The fee should be disclosed but with pressures on sales negotiation that disclosure is perhaps in some cases not as open as it should be.

Sellers should be wary of “all in” packages.  Ask for a breakdown of costs and compare with other agents. Buyers should be wary of the indication that an offer will have a better chance if the recommended solicitors are instructed (the usual reason given is that the estate agents will be kept informed of progress by their preferred firm of solicitors). Remember that the agent is working for the seller. In both cases be wary of the pressure to appoint solicitors away from the locality.

If in doubt, step back, ask for more information and take separate advice. Do not be rushed into anything. Ask if the agents have a referral fee arrangement and what commission they will receive. Obtain your own fee quotes and make a decision with all the information.

Ultimately, cost will be a very relevant part of deciding who to instruct. Contact local solicitors for a fee quote (most solicitors will give this information over the telephone or online). However consider locality and accessibility. Speak with friends and relatives.

The choice is yours and it is a free choice. It is a choice that can make the difference.