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The solicitor from hell.

  • 03-08-2024 11:16am
    #1
    Registered Users, Registered Users 2 Posts: 7


    Hey guys

    As you can probably guess from the title, I am having an absolute nightmare with my solicitor, and I'm at the point where I don't know what to do. Hoping I might be able to get a little bit of help from you - I'll explain what's going on below and will add further context of answer questions if they might help.

    Ex partner and myself purchased a property a couple of years ago. We have since split up and I am in the process of moving the mortgage from a joint one to a sole one. It has taken some time to get this resolved as it is a huge ask but she has been patient and reasonably amicable throughout.

    Over the course of the last 12-18 months, my solicitor and hers have been back and forth to come to an agreement on how much she should receive in order to take her name off the property. This was finally agreed a couple of months ago.

    That was the first ask of my solicitor - to come to agreement on a fee in order for ex partner to come off morgage.

    The lack of communication with this guy over the course of time was absolutely shocking, often waiting 2-3-4 weeks for responses. I have contacted his office about 40-50 times over the course, and I have never got through once (understandable I suppose, assuming he's busy) and have been offered a call back every time - but never receive them.

    Also to note, the agreement between us is that this would all be resolved by june 1st. Never at any point did my solicitor indicate that this timeline was not realistic.

    Me, like an absolute idiot, decide to stick with this guy to look after the conveyancing, on the basis that he understands the whole case and will be able to resolve without further delays.

    The conveyancing

    The mortgage application from the bank stated that I needed to clearly state any monies due to herself, so I couldn't go ahead with this until it was agreed. As soon as it was, I went ahead with the application.

    Once I sent the application to the bank, they in turn sent a document to my solicitors office - a sort of checklist of required documents. My solicitor then sent the docs to me after about 2 weeks. He done so with no explainers or guidance, so I basically was left to figure this out myself.

    Whenever I asked my solicitor any questions i was either ignored or sent one liners, one of them was in relation to documentation to show i have a new life insurance policy in place. When I asked him if this was the case he said he wasn't sure, and that I should ask the bank! Getting this policy sorted was a nightmare in itself and took me a couple of weeks to get sorted. In that time I asked my solicitor to contact other half's solicitor to update them and explain the delay.

    Anyway, I collated all the information asked on this doc to the best of my knowledge and sent it back to him. I have always acted immediately through the whole course of this because I just want it done and over with. Those documents were sent 6 weeks ago now. I followed up 2 weeks after they were sent as I wasn't even sure if he had the right documents from me (and I still don't know if he does). He sidesteps questions that I've asked him about where we're at, how long it will take etc.

    All the while my ex partner is emailing me looking for updates, and she has told me that her solicitor hasnt received anything from mine in a few months! So he's basically lied to me on a few occasions about contacting her solicitor.

    I'm really concerned about how late into the approval in principal we are, as well as the potential of ex partner reneging on what was agreed. I have pointed all of this out to my solicitor but he doesn't seem to give a sh!t.

    He emailed me 2 weeks ago to say he's looking after it and is waiting for title deeds (I'm not sure how getting the deeds is taking this long). But I don't know what exactly he has done since sending the docs 5 weeks ago. He just says he'll update me in due course - this has always been the problem with him. You could be waiting weeks and not hear anything until you finally get p!ssed of waiting and ask him what's going on - then you get a short, snotty reply from him.

    As much as I'd love to go to another solicitor, it will cost me a lot of money which I can't afford, and slow down the whole process which I also can't afford to do.

    I've spoken with a solicitor on Just Answer, contacted Law Society and I am at a complete loss on what I can do now. All I'm looking for is clear communication that we're on track and when we should expect to be resolve but I can't get anything. I'm expected to pay him good money for doing this but they way I am being treated is shocking.

    I'm hoping someone might be able to advise on what I can do? Any suggestions?



Comments

  • Registered Users, Registered Users 2 Posts: 314 ✭✭carfinder


    I honestly don't know why you would be using the solicitor as an intermediary with the bank for the mortgage approval and loan offer. That's a job for a mortgage broker or something you should deal with directly with the bank. You should take more ownership of the process and maybe things will move quicker for you



  • Registered Users, Registered Users 2 Posts: 1,022 ✭✭✭einn32


    Sounds like a mortgage broker is what you need.



  • Moderators, Business & Finance Moderators Posts: 10,606 Mod ✭✭✭✭Jim2007


    Legal stuff always takes a lot of time, especially when it involves negotiations between at least three parties! And of course solicitors have other clients, court appearances to attend etc….

    But you are the master of your own disaster by requiring the solicitor to act as your person assistant, hold your hand at every step and do a whole lot of stuff clients would do in the normal course of business. People do as much of the work as they can to keep the fees down and the process flowing, but you seem to have done the opposite! I expect a big bill will be the next problem.



  • Registered Users, Registered Users 2 Posts: 7 Sparticles


    ..



  • Registered Users, Registered Users 2 Posts: 7 Sparticles


    Sorry I probably wasn't clear here, the issue isnt to do with documentation, I've looked after all of this - the issue is the non-communication from the solicitor.



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  • Registered Users, Registered Users 2 Posts: 1,623 ✭✭✭JVince


    For simple things like life policy / home insurance etc. you deal directly with the bank. No reason whatsoever for a solicitor to be adding a layer of communication, paperwork and cost for such simple things. Surely the same was done for the original mortgage?

    Also a mediation service was probably a better option for working out the money end. Far quicker, far cheaper.

    Title deeds CAN take a few weeks. Usually when selling, it is advised to request them the day you put the house on the market and effectively you and your ex partner are selling and you are buying.

    You can get very good solicitors and bad ones - just like any profession. I assure you, you do not have a particularly bad one - I had a NINE MONTH conveyancing deal due to the buyers solicitor being a total a-hole and we only got it over the line when we issued a completion notice and the buyer found out that he'd lose almost €20k deposit as we had another buyer lined up and we were pulling the plug the minute the 28 day notice was up.



  • Registered Users, Registered Users 2 Posts: 7 Sparticles


    Thanks for the reply JVince, sounds like a bit of a nightmare you went through yourself. I do recall we had considered a mediation service, but for a reason I can't quite recall it wasn't a viable option. I think my biggest concern is that a date on the completion of everything was agreed but my solicitor never gave indication that this might not be achievable, and at this point I'm worried she could go back on what was agreed. I think that point coupled with the radio silence is what's cranking up the stress levels!



  • Registered Users, Registered Users 2 Posts: 1,623 ✭✭✭JVince


    I don't think I've ever known a pre-determined date of a legal agreement to be met. I'm currently finalising a commercial lease. It should have been done and dusted at the end of June. It MIGHT be done by end of August as holiday season just causes endless delays.

    All solicitors know this and her solicitors will inform her that such delays are the norm. They'll also know if your solicitor is known as slow and will know it won't be your fault.

    I've bought /sold several properties, leased many more over the past 30 years and its as cumbersome as it has ever been. I did buy and sell a house in the UK and it was a doddle compared to here (and way way way cheaper)



  • Registered Users, Registered Users 2 Posts: 7 Sparticles


    Thanks again for the reply, much appreciated. It's given me a bit of peace of mind that the solicitor probably doesn't have it in for me!

    The whole operating process is so stone age it's just unbelievable, even trying to get the life insurance policy took me 5 weeks and so many phone calls to get sorted. I don't think I really expected to wrap up bang on the deadline but the further it moves past that point it gets a bit worrying that ex partner may become antsy about it.

    Anyway thanks again for your feedback



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