Don't let an estate agent choose your solicitor

30% of home buyers and sellers choose their estate agent recommended conveyancing solicitor

Would you rely on the seller's estate agent to choose your solicitor? If the results of a recent survey are to be believed it seems that far too many property buyers are just going to a solicitor or conveyancer 'recommended' by the agents rather than choosing their own solicitor.

Homebuyers who have bought a property before may be happy to go back to the solicitor who previously acted for them. But it seems that many buyers do not think about choosing a solicitor before looking for a property, and then just go along with the firm suggested by the agent.

Agents often steer buyers towards using a particular conveyancing company even if the buyer has already chosen a solicitor. Sometimes unwitting buyers are given the impression that if they don't use a particular firm they won't be allowed to buy the property.

Why isn't it a good idea to let the seller's agent choose your solicitor?

If agents could be relied on to give unbiased advice there would be no problem. But buyers should be aware that estate agents act for sellers and have a vested interested in completing sales.

The agent's main concern is to find a buyer for a property. Once a buyer has been found the agent will want the sale completed as fast as possible so that they can collect the commission.

Many solicitors rely on introductions from agents for a large part of their work

And if such a firm does not keep the agent happy they will loose work. So solicitors recommended by agents will often be more concerned to keep the agent happy rather than doing their best for the buyer.

Often a referral fee will be paid for an introduction, although the client will be unaware of this. So the agent gets paid twice – once by the seller and once by the buyer's solicitor!

Independent solicitors act in the buyer's best interests

Buyers need an independent solicitor to carry out their conveyancing so that the solicitor will act in the buyer's best interests.

Say the solicitor discovers a flaw in the seller's title, or some other problem which could cause difficulty in the future – an independent solicitor will ensure that the defect is corrected or that the seller pays for indemnity insurance.

But a solicitor who relies on an agent for introductions will be much more likely to ignore such a problem if it will cause delays in completing the sale, and therefore in the agent getting their commission.

Who owns the conveyancing firm recommended by an agent?

Another reason to be wary of relying on an agent's advice is that often the firm recommended is in fact a subsidiary of the same company which also owns the agents.

It can be difficult to know these days exactly who owns and controls the firms you deal with. We are used to seeing the logos of high-street chains of agents, but nowadays these are often just 'brand' names which obscure the identity of the ultimate owners.

Changes in the law now enable all sorts of companies to provide conveyancing and other legal services if they are licensed by an appropriate body such as the Law Society or the Council of Licensed Conveyancers. Such companies do not have to be owned or controlled by qualified solicitors.

So when an agent recommends a conveyancing company to a buyer it may well be that this company is part of the same group of companies which owns the agents. Clearly it will be difficult for such a company to be independent of the agents.

To find out exactly who owns and controls such companies will involve looking at the small print in documents, or more likely obscure pages on company web-sites.

Reasons to choose a solicitor before buying a home

Another strong reason to look for your own solicitor is that you can get a number of quotes and find a firm which you will be happy with. Remember that buying a home is probably the single most expensive purchase that you will ever make, and moving home can be extremely stressful.

So it is worth making sure that you instruct a solicitor who will provide a friendly and personal service as well as giving you the highest standards of professional care.

Our advice is to think about selecting your conveyancing solicitor before you go out to buy a property. Solicitors will generally be happy to give you some idea of their charges and the other fees you would have to pay based on your planned purchase price.

If you have already made contact with your preferred firm then you will be able to give their details to the agent as soon as a definite purchase has been agreed. This will enable the seller's solicitors to send out a contract and put the conveyancing in progress without delay.