Buying or selling a property is a significant legal and financial commitment, so choosing the right solicitor is incredibly important. Your conveyancing solicitor is responsible for managing the legal side of the transaction, keeping you informed throughout and helping ensure everything progresses smoothly towards completion.
However, not every conveyancing experience is positive. Whether you’re struggling to get updates, the conveyancing fees keep increasing, or you’re just concerned about how your transaction is being handled, you might be wondering whether you can change solicitors before the transaction is complete.
The answer is usually yes. You’re generally able to change your solicitor during a property transaction. However, there are some practical considerations, including the stage of your transaction, any costs involved and whether changing firms could affect your completion timescale. Choosing the right residential conveyancing solicitors from the outset should always be the aim, but changing firms might be the right option in some circumstances.
Why Might You Change Conveyancing Solicitors?
Changing solicitors isn’t a decision someone makes lightly. By the time a transaction is underway, your solicitor might have already completed property searches, reviewed documents and started communicating with other parties involved in the sale or purchase. However, there are several reasons why you might consider changing firms, including:
- Difficulty getting updates or responses to questions
- Concerns about delays in the conveyancing process
- A lack of confidence in the legal advice being provided
- Unexpected costs or unclear conveyancing fees
It’s worth remembering that some delays are outside your solicitor’s control. Property transactions involve several parties, from mortgage lenders and estate agents to local authorities and other solicitors.
Before deciding to change firms, it might be worth raising your concerns directly with your solicitor. In some cases, improving communication or clarifying what’s causing a delay can resolve the issue without needing to transfer your file.
Can You Change Solicitors Before Completion?
Yes, you can usually change your conveyancing solicitor before your transaction has completed. You’re not legally required to continue using the same firm simply because they’ve already started work on your house purchase or sale.
However, changing firms involves transferring the whole transaction from one solicitor to another. Your new solicitor will need to review the work already completed, identify what still needs to be done, and potentially repeat some steps.
The impact of changing solicitors will often depend on how far the transaction has progressed. Switching early is usually more straightforward than shortly before exchange or completion. If contracts have already been exchanged, there’s particular urgency because you’re legally committed to the transaction and a fixed completion date is set. In this situation, it’s best to get some legal advice from a new solicitor before making the change.
What Happens When You Change Conveyancing Solicitors?
The first step is usually to instruct a new solicitor and confirm that they can take over the matter. A good solicitor should be able to advise whether taking over your matter is realistic based on the current stage of the transaction and your required timescale.
Your previous solicitor will then need to provide the relevant information and documents from your file. Your new firm will review the progress of the transaction and confirm any outstanding issues that need to be addressed. They will also need to complete their own client checks and ensure they have everything required to act for you.
If you’re buying with a mortgage, your new solicitor will also need to meet the lender’s requirements. Most lenders require the conveyancing firm to be on their approved panel. If your chosen solicitor isn’t, the lender might need to appoint a separate firm to act for them, which can create additional costs, duplication of work and potential delays.
Will You Have to Pay Twice if You Change Solicitors?
One of the main concerns people have is whether changing conveyancing solicitors means paying two sets of fees. The answer depends on how much work your original solicitor has already completed and the terms of your agreement with them.
Your previous solicitor might be entitled to charge for the work already carried out, such as providing advice, reviewing documents, ordering searches, or preparing contracts. You should request a clear breakdown of any costs before deciding whether to transfer your file.
Of course, your new solicitor will also charge for taking over the matter and completing the remaining legal work. The cost of this can differ depending on several factors, and it’s important to ask for a detailed quote before making your final decision.
Although changing firms can increase costs, continuing with a solicitor you no longer have confidence in could also create problems. The decision should be based on the overall service you are receiving and the impact on your transaction, rather than cost alone.
Will Changing Solicitors Delay Your Property Transaction?
Changing conveyancing solicitors can cause some delays as your new firm needs time to become familiar with the matter and review the documents already prepared.
The overall impact will depend on the current stage of your transaction. If contracts haven’t yet been exchanged and there’s still time before completion, the change might be easier to manage. However, if your transaction is already approaching exchange or completion, you should carefully weigh up the benefits of changing with the disruption involved.
Speaking to your new solicitor before making a decision is very important. They can review the circumstances and advise whether they have enough time to take over the matter without putting your transaction at risk.
How Do You Choose a Conveyancing Solicitor?
Whether you’re choosing a solicitor at the start of your property transaction or looking for a new firm after deciding to change, it’s essential to find a solicitor you feel confident working with.
Some buyers and sellers choose a solicitor recommended by their estate agent because it can seem like a convenient option. However, you’re not required to use them and are free to choose your own conveyancing solicitor.
A personal recommendation from family or friends can be a useful place to start, but your decision should be based on whether the solicitor can provide the right level of support for your transaction. Consider their experience, communication, legal fees, and whether they regularly handle similar property matters.
For anyone looking for residential conveyancing solicitors in the West Midlands, choosing a firm with local experience alongside wider conveyancing expertise can also provide reassurance.
Speak to Residential Conveyancing Solicitors at Ubique Legal
Changing conveyancing team during a property transaction is possible, but it’s a decision that should be carefully considered. While transferring your matter can involve additional work and costs, it might be the right choice if you’re no longer confident in your current solicitor.
At Ubique Legal, our experienced team provides residential conveyancing support for buyers and sellers across the West Midlands and throughout England and Wales. We pride ourselves on providing efficient, affordable and expert legal services to our clients.
If you’re considering changing solicitors or need advice about an ongoing property transaction, contact us to discuss your situation with our residential conveyancing solicitors.
