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Lawyers are not always to blame

As the notorious property-buying process is brought up to date, Christopher Browne looks at how solicitors are making life easier

Wednesday 07 May 2003 00:00 BST
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The Good House Guide will soon be a UK bestseller; by 2006, every home sale should have one – if the Government passes the latest Housing Act. The sellers' pack, as it was known before Whitehall spin gave it a posher title, puts the onus on vendors to give "satisfaction guaranteed" reports on their own properties.

Everyone from the National Association of Estate Agents to the local land surveyor will then rely on the packs to speed up the average 10- to 12-week home deal. Currently, lawyers seem to get the blame for all delays; whenever there is a hold-up in the buying chain, the so-called innocent party invariably pleads: "I'm trying, but we can't get anything out of the vendor's solicitors."

Although some criticism may be justified, much of it isn't. And while house prices and stamp duty have crept into the realms of fiscal fantasy, solicitors' conveyancing fees have remained pleasingly low.

Windsor-based solicitor Ashley Perkins and Co recently introduced a highly competitive £199 (plus Vat) for first-time buyers. Partner Ashley Perkins says: "Although we are used to reading and hearing about the glamorous, million-pound plus deals that are being struck, it's the bottom end of the housing market that needs the attention and help. Our company has made a conscious decision to help first-time buyers who may not have a lot of money, or have just left college and are starting new jobs. We've put a lid on our charges and are keeping them to the bare minimum for newcomers." Ashley Perkins, which acts for clients throughout the UK, charges £300-£350 for conveyancing, although a high-priced property could cost £400-£500.

Unlike other types of legal work, solicitors do not levy an hourly rate for conveyancing, nor do they earn commission like estate agents. Though some complain of mortgage marathons and paper-chases caused by lending hold-ups and local search delays, others have seen hopeful chinks in the notorious UK property chain.

One of these is title deeds. Until recently many houses outside London were unregistered – ie their deeds were not held at Land Registry (the UK property database). This meant solicitors faced a welter of extra work as they struggled to find the deeds and register the properties. But the Land Registry is currently putting all that right. Solicitor Nick Mundy of Mundys in Hereford says his role has been eased considerably since Herefordshire started compulsory registration. Nick's company charges £300-£400 for house purchases. "Solicitors work on merit and earn a great deal less than estate agents. Our main problem is not to lower our prices too far and cut our own throats due to greater competition from other solicitors and websites. We also have a legal obligation to keep our costs down – if a client is dissatisfied with our fees they can appeal against them via the courts or the Law Society," he says.

Though some lawyers say their fees are too low, the homebuyer certainly benefits and you can find a handy solicitor in your area by logging on to www.solicitors-online.com, the Law Society's website, or www.conveyancing.inuk.com. Many law firms also have sites that will give you an instant quote and save you several time-consuming phone calls.

A year ago, the Land Registry launched a £16.5m scheme to make the whole process virtual and paperless by 2010. Nick Mundy says: "It's a very exciting idea so long as it's done properly and not half-heartedly. Solicitors will be able to register title and issue documents far earlier and thus speed up the average home deal. It will also enable everyone in the chain to see what the others are doing and help break down our very British love of secrecy"

E-conveyancing will also help stave off attacks of the completion-time blues. "If you keep waking up in the night and worrying about contract problems or your house sale falling through, you can instantly allay your fears by getting up, logging on to the website and finding out if that key letter was sent or your contract is ready for signing," says Nick.

Another online extra is the e-search. Jonathan Tyler, a partner at London solicitors Seth Lovis & Co, says: "We always encourage clients to do their own local searches to help speed up home deals. Now homebuyers can do it on the web and get one in minutes." And nowhere better than the National Land Information Service site, www.nlis.org.uk, which claims a search record of 13 minutes and plans to cover every UK council within the next 18 months.

Meantime, if you need some nifty legal work, try www.easier2move.co.uk; www.mundys.co.uk; www.sethlovis.co.uk; www.onlineconveyancing.co.uk; or www.conveyancingnationwide.co.uk.

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