Legal Paperwork

[kerrymck]

Hi there - hopefully this is a simple one.

 

I'm in the process of buying my 3rd UK based property and the solicitor has told me all the searches/reports etc have been completed but there is no point in sending me any of the corresponding paperwork.

 

With my previous 2 properties, the solicitors made a point of sending all of this - although this was 5-10 years ago.

 

Is it reasonable to complete the purchase without seeing any of the paperwork of searches etc conducted by the solicitor or should I be asking for this so I can have a copy for my own purposes. 

 

Thanks very much in advance!

[Kylie Ackers]

Definitely not - I would want to see all the paperwork - there might be something on there that you want to query, or even worse, aren't happy with.

 

If nothing else it gives you piece of mind that all is ok.

 

Personally, I'd not be using that solicitor again - they have a responsibility of duty to keep you fully informed on all aspects of the purchase, including the search results.

[kerrymck]

Thank you! That definitely helps, I didn't know whether I was being unreasonable.

[James Lambden]

Hi Kerry, 

 

I don't necessarily disagree with what Kylie says above, you may wish to look at the individual search results yourself. 

 

However as a Lawyer myself and having done many residential transactions and looked at countless searches over the years they mostly are a very formulaic in nature and either confirm certain aspects of the nature of the property - the drainage and water search for example will typically just confirm whether or not the property is connected to mains sewerage and fresh water supply and provide a plan showing the route of the pipes and confirm the provider (for example Thames Water), if this is confirmed there is little else of value to look at in such a search.  The same applies for example to a coal search in a mining area - if the report confirms no risk of mining activity in the vicinity of the property there is little further useful information to be gained from reading it. 

 

In terms of sending you the raw search data this desirable but not strictly necessary. If you were my client i would send you copies of the searches however, as long as the solicitor has sent you a "Report on Title" which details the results of the searches and explains the legal title of the property and highlights any concerns that the solicitor has and that you should be aware of, then in my opinion they have kept you informed of any potential issues with the property and fulfilled their duty to you.  I have had clients in the past who have no interest in searches whatsoever unless i believe they show a negative search result and are happy to rely on the Report on Title that has been prepared for them, indeed that is of course what you are paying your lawyer for.

 

Hopefully this is of assistance. 

 

James

[kerrymck]

Hi James, thank you for your advice, I appreciate this.  Should I expect the Report on Title before exchange then?  Thanks!

[James Lambden]

Hi Kerry,

Yes you should definately have the report before exchange - after exchange you are committed to buy so any decision making needs to happen pre exchange.

James