There is no doubt about it – conveyancing is a stressful business. It probably always was, it certainly is now and is likely to be thus always. It is the nature of the beast.
One of the biggest contributors to this stress is the dreaded “deadlines”. There are so many. Those imposed by the parties, those imposed by the agents and those imposed by the process itself. You know what I mean; it must be done before Christmas, Easter, the beginning of the school holidays, the end of the school holidays; I am starting a new job on that date; I am leaving the Country on that date; my mortgage expires on that date – and so on.
Some are purely wilful (in which case look out for the imposer – a warning flag!). Some are not. Some are real. Some are imaginary. Some are negotiable. Some are not. More and more, we are finding that part of our role is to help you to determine which is which and helping you to navigate a way through.
Often it is a question of helping to understand the conveyancing process and to help manage expectations – those that you may have, that your buyer or seller may have, those from the estate agents. This is best done fearlessly and at the earliest possible point when a possible issue arises. There may be difficult conversations to be had but we find it is better always to be open with everyone along a chain if there is an issue – honesty is usually the best policy.
If there are likely to be problems which perhaps will cause delays, then we find it is always best to raise them `early doors’. We would usually like to let everyone along the chain know how this might then affect the proposed timeline and offer possible solutions if any are immediately obvious but we would always check with you first – you are our client and we cannot share information unless you allow us to. However, a delay in sharing information can mean that there is potential for an already stressful situation to become toxic as frustration gets added to the mix.
Raising problems early also means a transaction which may have otherwise fallen through can perhaps be re-negotiated and put back on track through clear and open communication. If there is an issue, then any estate agent worth their salt will do their level best actively to assist you as the client and us to move things forward or keep the transaction on track. In our experience, most agents will appreciate being kept closely informed of any difficulties and will gladly help wherever they can.
We have no power over buyers or sellers, lenders or surveyors but we do know how important it is that we can liaise with others involved where and wherever we can to help iron out those wrinkles, and there will always be some. Don’t forget to keep us informed too though – we don’t know unless you tell us.
We are of course regulated by the Solicitors Regulation Authority and we are part of the Law Society’s Conveyancing Quality Scheme accreditation and follow the Conveyancing Protocol as part of that Scheme. We also have to follow the guidance and requirements imposed on us by our regulator, the Solicitors Regulation Authority, and of any lenders involved where we are acting for buyers. Whilst this does mean that we have some unavoidable steps and processes to follow, we like to be proactive wherever we can.
Conveyancing is process driven, it can be unwieldy and confusing and, without doubt, it can be emotional and stressful. However, a friendly and approachable lawyer, one that is proactive and looks for solutions, is contactable and understands you and your transaction will make the process much smoother than it might otherwise be.
In terms of deadlines – The Rolling Stones got it right – “Time waits for no-one – and it won’t wait for me!”
This article was prepared by Rod Lewis, a Solicitor in the Property team at WBW Solicitors in Bovey Tracey. If you would like to contact him to discuss anything mentioned in this article or for any property related query, please call 01626 202376 or email rodlewis@wbw.co.uk.
WBW has offices in Torquay, Paignton, Newton Abbot, Exeter, Bovey Tracey, Exmouth, Honiton, Sidmouth, Launceston, Axminster, Chard and Seaton
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
