Author Topic: Using builder's solicitors - Can we still change to independent solicitors?  (Read 478 times)

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alunsam

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We are first time buyers, using Help top Buy and reserved a freehold detached house by Taylor Wimpey in mid-January 2018. When we reserved they recommended their solictors, Watson Ramsbottom, who we used to proceed.

So far we haven't experienced any problems with them but since finding out about this website we realised that using a builder's recommended solicitor may not be best the option. In hindsight we wished we did more research on buying a new house before reserving one.

So far we have paid £150 for them proceed with the work and we have filled in all the information they have requested. Help to Buy and so far waiting for the mortgage lenders' offer. Our exchange contract deadline is end of February.

My question are:

1. Are we too late to change to independent solicitors? Maybe losing the £150?

2. If we can still change, will this affect the exchange of contracts and delaying everything?

We are very new to all this and need all the advice possible.

Thank you in advance!


Site carpenter

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The forum Admin will be able to give you better advice on this.
However £150  is nothing  compared to the costs that can be incurred by not getting good independent legal advice.
The old saying "marry in haste repent at leisure " also applies to buying houses.


New Home Expert

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First of all you can forget ever seeing the £150 again.

Watson Ramsbottom are on our house builder's solicitors list, meaning that other buyers have indicated they were recommended to use them and by inference regretted it.

That is not to say it will all go wrong, just that if there are any issues with Taylor Wimpey, the quality of your home or the completion date, these solicitors will be on Taylor Wimpay's side not yours.
This is what could happen if/when things go wrongTaylor Wimpey are not your friends!

Why new homebuyers should never use the housebuilder's solicitor

You can of course get your own solicitor. Taylor Wimpey will fight against that for obvious reasons.
It may be that you cannot exchange contracts within their deadline with a new solicitor, after which your plot will be marketed again, perhaps at a higher price. However, you have already done most of the work and the old solicitor should give you everything he had done after you settle their bill.

At the end of the day, you must do what you are most comfortable with.
You could write to "your" solicitor and put them on notice that if they do not act in your best interests. at all times, throughout the conveyance and follow your instructions explicitly, you would have no hesitation to sue for your losses through their negligence and report both the individual solicitor and Watson Ramsbottom to the Law Society and SRA. They take "conflict of interest"  very seriously!

Most importantly ask your solicitor to ensure it is written in the contract that you will be given the opportunity to have your new home independently professionally snagged and inspected at least 7 days before legal completion. If he refuses or says it cannot be done, this would demonstrate to me, a clear conflict of interest.

New Home Blog - New Home Expert is committed to providing help and advice for people having issues with their new homes and difficulties with house builders as well as helping potential buyers reduce the risk of possible problems if they do buy.

alunsam

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Thank you for your replies!

Do we have the right to change some of the clauses on the Land Registry
- transfer of part of registered title(s) subject to agreement with Taylor Wimpey?

Matron

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What has your post got to do with solicitors? Advertising by any chance?

New Home Expert

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You could try but I doubt Taylor Wimpey would agree.
Some clauses may not be able to be changed or removed too.
New Home Blog - New Home Expert is committed to providing help and advice for people having issues with their new homes and difficulties with house builders as well as helping potential buyers reduce the risk of possible problems if they do buy.