If you’re buying or selling a property and things seem to be taking longer than expected, you might be wondering whether changing solicitors would help move things along.
At AFG Law, our Residential Property team understands how frustrating delays can be, particularly when you’re waiting to exchange contracts, arrange removals or agree a completion date.
You can change solicitors during conveyancing, but switching doesn’t necessarily mean your property transaction will move any faster. There are many reasons why conveyancing takes time, and some are completely outside your solicitor’s control.
However, there are also circumstances where poor communication, mistakes or unnecessary delays by a conveyancer can hold up the process. The important thing is understanding what is causing the delay before deciding whether to move firms.
Why does conveyancing sometimes take so long?
The conveyancing process involves several parties, and your solicitor cannot control every stage.
Delays may arise because:
- Local authority searches are taking longer than expected.
- A mortgage offer or lender approval is outstanding.
- The seller’s solicitor has not provided requested information.
- Enquiries have identified a title or property issue requiring investigation.
- Someone further along the property chain is not ready to proceed.
- Documents or information are awaited from HM Land Registry.
Even where your solicitor is dealing with matters promptly, these issues can prevent the transaction from progressing. For example, if a property has an unresolved title problem, changing solicitors will not remove the need to investigate it.
Our guide to selling a property explains the stages involved and why several things need to happen before completion.
How do you know if your solicitor is causing the delay?
Knowing what is causing a delay in conveyancing can be difficult to establish. A period of lack of progress does not automatically mean your conveyancer is providing a poor service. Sometimes there is simply nothing further they can do until another party responds.
However, there may be reasons for concern if your solicitor repeatedly fails to respond to correspondence, does not act on information already received or leaves important enquiries outstanding without explanation. Missing deadlines, making avoidable mistakes or failing to tell you about significant problems may also justify raising concerns.
Before deciding to switch conveyancers, ask your current solicitor for a clear update explaining what has been completed, what remains outstanding and who is responsible for the next step. If necessary, request an update from a supervising solicitor or the firm’s conveyancing manager.
Can you change solicitors at any stage?
Generally, yes. You can change conveyancers during a property transaction, including after searches have been ordered or enquiries have been raised. However, the closer you are to exchange or completion, the more disruptive switching solicitors may be.
Your new solicitor will need to review the file, complete their own identity and compliance checks, and satisfy themselves that the legal work is sufficient. If a completion date is approaching, changing firms could put that date at risk.
Once contracts have been exchanged, the position becomes more serious because you are legally committed to completing the transaction. Changing solicitors at this stage requires particular care.
How do you change conveyancing solicitors?
If you decide to change firms, the first step is to find a new conveyancer willing to take over your transaction. You will usually need to sign a form of authority allowing your previous solicitor to release the relevant documents and information.
Your file can then be transferred to your new solicitor, subject to any outstanding fees, applicable rights over documents and other requirements. Your new solicitor will review the work completed by your original conveyancer and establish what still needs to be done.
Some searches and documents may be reusable, but others may need updating or repeating. Your mortgage lender may also need to approve the change.
What happens to money already paid?
If your solicitor is holding money on your behalf, you will need to arrange for it to be returned or appropriately transferred. Regulated conveyancing or solicitor firms generally hold client money in a designated client account, separate from their business funds. This is not necessarily a separate bank account for every individual client.
Any transfer must follow the relevant client money rules and security checks. Your previous solicitor may also deduct properly payable fees or expenses, where permitted, before returning the balance.
Will you have to pay both solicitors?
It is possible that you will be required to pay both solicitors. Even if you were quoted a fixed fee, your original firm may be entitled to charge for work already completed.
Before switching, you should check your original agreement and ask the new solicitor for a quotation setting out their fee basis. This will help you understand whether changing firms is financially worthwhile.
Can you complain about poor conveyancing service?
Yes. If you have lost confidence in your solicitor, you can raise a complaint with the firm. Solicitors are regulated by the Solicitors Regulation Authority (SRA), while licensed conveyancers may be regulated by the Council for Licensed Conveyancers.
If your complaint concerns poor service, such as unreasonable delays or inadequate communication, you should normally complain to the firm first. If the matter remains unresolved, the Legal Ombudsman may be able to help. However, making a complaint does not automatically speed up your transaction.
Should you switch conveyancers or stay with your current solicitor?
There is no single answer. If the delay is caused by searches, a mortgage lender or another party in the chain, changing firms may simply add more time and expense.
If your solicitor has failed to progress matters within their control, however, changing conveyancers may be worth considering. Before making a decision, you should establish exactly what is outstanding, whether the delay can realistically be resolved and what a new firm would need to do.
Conveyancing advice from AFG Law
AFG Law’s Residential Property team assists clients buying or selling homes throughout Bolton, Bury and the surrounding areas. If you are considering changing solicitors, we can discuss your circumstances and whether taking over the transaction is practical.
We cannot guarantee that switching firms will make your transaction quicker, but we can explain what would be involved and what may affect the timescale.
Contact AFG Law to discuss your conveyancing requirements and the options available.