builders solicitors ...dont be tempted !

[The Brickkicker]

I met with a client of mine , who as a result of our inspection services, now realises he has a boundary problem with his builder

I advised him what the situation was and gave him options of how to handle it , but also said to get advice from his solicitor

Our Client then explained that his solicitor was also the builder's solicitor and he did not think he could talk confidentially with his solicitor about this issue, without his solicitor tipping off the builder as to his plans and options

I have had this situation happen at least 5 times this year already ....please don't be tempted to use the builder's solicitor , yes they may well pay for it , it might speed things up ...but we have an adversarial system here in the UK for a reason

To protect our interests

It's "caveat emptor" ..."buyer beware " as my  lecturer used to ram down my throat at university
So our Client has gone to another solicitor to get formal legal advice.

[Philofacts]

You wouldn't buy a house and trust the buyer's structural survey would you.

The same is right for solicitors.  DONT USE THE HOUSEBUILDER'S one!

They are more likely to favour the builder who has given them 50 conveyances to sell than you, who has just given then ONE Purchase conveyance.

The builder's (or their staff!) can also get a kickback too for the business they give them!

[The Prophet]

Talk about conflict of interests.
I wouldnt use a housebuilder's solicitor if they did it for free!

[rj1423ah]

Agree totally, but that's often a condition of the sale unfortunately. Difficult to negotiate out of in my experience.

[Philofacts]

Using Builder nominated solicitors is never a good idea and will always mean the new home buyer is at a disadvantage.

Whilst it is true some house builders do try or state it is a condition of the sale.
But by doing so they are breaching the Consumer Code for Home Builders (requirement 2.5) and also the Consumer Protection from Unfair Trading Regulations 2008.
The Office of Fair Trading buyer's guide confirms this:
"For example, an agent cannot force you to meet or use a particular financial advisor, legal representative, or building surveyor"

Any builder insisting on the use of their choice of solicitor should be reported to both the OFT, NHBC and the Consumer Code.
Buyers should walk away, if they are being forced to use the builder's solicitor.

[Bri]

A good topic, one I wish I'd found before I purchased my house.

The recommended solicitor will not explain all the clauses and facts to you. They will put it all in writing, if you're not clued up, you will get shafted judging by my own experience. As long as they put it in writing, they have covered their own backs.
In my case, the solicitor had no record of my meeting with them to discuss the covenants, how convenient.