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Posted to uk.d-i-y,uk.legal,scot.legal,scot.general
John Nagelson John Nagelson is offline
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Default DIY conveyancing in Scotland?

On Jul 4, 9:13 am, Huge wrote:
On wrote:

I haven't heard of a case where a DIY conveyancer causes unnecessary
delay.


My move before last. The bloke two down the chain from me was doing his
own conveyancing. He was a buffoon, with no idea what he was doing. In
the end I got my solicitor to help him to prevent the chain collapsing.

DIY conveyancing should be illegal.


Following your idea through... There are two distinct phases: getting
to contract, and completion.

1] If some twit hasn't got the sense to get to contract, that's simply
tough on the other parties. Many contracts fall through in business.
Would you apply your law to all contracts?

Property chains fall through all the time

- because one of the parties is an idiot (whether or not they employ a
solicitor)
- because one of the parties' solicitors is an idiot (but someone who
continues to employ a solicitor who's an idiot is an idiot
themselves), or
- because of some idiot estate agent, surveyor, loanshark, etc.
- because of some local council manager who's deprioritised getting
searches back quickly because he wants more staff hours spent on the
upcoming computer contract, etc.

2] If the twit does get to contract, and hasn't got the sense to
complete, well, his buyer or seller will have recourse.

Without getting into notices to complete: if they're the seller,
they'll have the deposit (or someone will be holding it on their
behalf), and if they're the buyer, the should damn well have made sure
that the seller owns the house, so they know where the seller keeps a
big asset for starters (without getting into with-priority searches).
And if they haven't got proper recourse, then they themselves are an
idiot for not making sure it was written into the contract.

What would you do when a solicitor causes a chain to collapse because
he doesn't answer a letter the same day (when many DIYers would do),
or doesn't pick up the phone and get stuff sorted direct with the
other party when only that would work (because he isn't allowed to).
The person who's lost out would currently be extremely unlikely to get
any support from either the Law Society or the courts.

John