Remember last year, if someone on an expert panel didn’t mention “collaboration” at least once, you felt a little shortchanged? The market was booming, buyers were bidding on houses they’d never seen and we were blissfully ignorant of the havoc that Liz and her government mates were about to unleash on the property market.
Wind forward a year, with deals taking longer and clients getting increasingly nervous by mortgage misery stories in the media, things have changed quite a bit. Sadly, when it comes to the actual house buying and selling process, everything else has stayed pretty much the same.
No surprise there then.
What’s wrong with collaboration?
The last time I mentioned the war, a few readers went all-out Basil Fawlty on me. But when I see people posting online about collaboration, it just doesn’t feel right. It raises connotations that, to put it nicely, aren’t exactly positive. Think Vichy Regime in 1930’s France and you’ll get my drift.
But putting aside the idea that collaboration suggests a subservient group agreeing to co-operate with a dominant power, it actually comes down to interpretation. Which is where, finally, the three and fourpence comes in. Remember that lesson we had at school to demonstrate miscommunication – how “send reinforcements, we’re going to advance” was transformed through repeated conversations into “send three and fourpence, we’re going to a dance”.
Which is what we’re seeing with the use of the word, collaboration.
Clearly, it makes sense for agents and lawyers to work together – we don’t need lectures on the subject to help us understand that. However, working together is only useful if it ensures we reach the required end result. If I organised a neighbourhood get-together to clean up a communal grass area and someone turned up with a socket set, another with a feather duster and the last brought a George Foreman grill, it’s going to be a challenge. Sure, each tool is useful in its own right, and we know the Immersa Grill Medium, with its easy-clean plates is a godsend after we’ve enjoyed a low-fat sizzling steak extravaganza, but together they won’t get rid of those laughing gas canisters discarded by feckless youths.
Exactly the same is happening in the property market where everyone knows there is a problem with the speed of transactions. While some of the solutions proposed are useful individually, they don’t solve the core issue.
The “Beef Wellington” of the feast
The reasons behind the stubborn refusal of the time to buy and sell property to decrease are complicated and due to a number of factors combining to cause delays.
There has been a steady drumbeat that improving the onboarding process and obtaining information up front is the answer to the problem. Although they have an impact, they are merely the “amuse bouche” of the conveyancing feast. In much the same way that the pantomime villain of local search delivery times regularly shows up, this is a red herring, given the national average is now less than two weeks.
As any experienced agent will tell you, the “Beef Wellington” of the meal is the management of the enquiry process, or the “Black Hole of Conveyancing” as we like to call it; it’s completely opaque and no-one has any idea of what is going on inside it. Chances are, the only place the most up to date information is available is from the lawyer running the case. The evidence will be buried deep inside email trails that take a month of Sundays to decipher.
After looking at 20,000 cases we’ve completed over the last 5 years, we receive an average 30 enquiries per case, although this year, we’ve received 37 – a significant increase of about 25%. However, addressing the reasons why these numbers are so high is a project that makes the Hinkley Point C nuclear power station development look like an episode of DIY SOS, so we must consign that discussion to the Peepshow’s “Laterbase” for now.
So what needs to happen then?
To speed up transactions, we must understand the problem we are trying to solve. Which is to enable lawyers to identify and address the gaps in the knowledge about a property to satisfy their clients and their lenders’ requirements.
Sure, information needs to be more easily accessible, whether through trusted property log books or early client disclosure but the key is making use of that data more effectively.
Lawyers will have to work together to standardise their approach to which questions they raise and manage the answers they do, or more likely, do not, receive.
Which is where the “c” word should come into play. But we can’t mention that, can we?
Peter Ambrose is the owner and managing director of The Partnership – a boutique legal provider specialising in the delivery conveyancing services.
I don’t mind mentioning the ‘C’ word. It’s Competency. And it’s this that’s truly lacking.
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This week;
Today a packing crew are heading out to an elderly lady. The exchange was due on Monday for completion Monday coming.
Only on Monday it suddenly transpired the solicitor at the bottom had already drawn mortgage funds down and sat on them. Only to send them back to nationwide the Friday before….
This solicitors client has a mortgage offer that expires next week. For well documented work reasons no.3 can only move on a Monday or Tuesday. This was known months ago by all.
Nationwide haven’t yet found the funds and given authorisation for funds to be drawn down again.
So, today, Thursday, a crew are going to an 85yr old lady and spending a thousand pounds of her money to pack her up. Without exchange.
All because she has to plan to move on Monday, because if it doesn’t happen then the chain is fubar.
All because of what exactly?
Tuesday this week….
Our client second in chain. Keys for new home released at 15:55.
Pathetic.
Absolutely pathetic.
And yet, a weekly occurance all over the land are these tales. For decades.
f&£k collaboration
Your woeful side of the process requires competency
Disclaimer;
Yes there are great conveyancers. Unfortunately it’s a teeny minority.
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“search delivery times regularly shows up, this is a red herring, given the national average is now less than two weeks”
What a ridiculous statement to throw in. The market is bigger than your area and nothing works on Averages.
Please explain how transactions in Bolton are not challenged by local Searches??
If you want to talk Averages then the average conveyancer takes 6.2 weeks to get around to placing a Search order which is compounded by some significant delays in ‘some’ areas which WILL affect linked transactions in areas that may not be challenged by search delays.
You must stop throwing away comments that are damaging when you talk about an average timescale, as they suggest that no issues exists anywhere… Which is wrong.
Ask any estate agent how often they have ‘chase for searches’ in their sales progression notes and then dare to say it’s all OK and a red herring. Or ask our clients who have come to us because things are taking too long and they want answers now and are not willing to wait for the conveyancer to get around to placing an order for their searches.
You may be fortunate geographically and efficient in your practices, but many are not.
And if you dare to educate a home mover about the information that is available for THEM in Searches to make informed decisions, you will understand why many are wanting orders placed far sooner.
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Peter, I enjoy your articles and that fact that you write well and make a real effort to add some colour to them. That said, I’m still not quite sure what your preferred solution is for the mess that is getting from offer accepted to exchanged. Perhaps in your next article you could be more prescriptive? Thanks.
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It won’t be popular in the alpha male world of conveyancing but Peter and the rest of the conveyancing industry is trying to keep hold of the conveyancing industry and keep it just the way it is. They will talk down and rubbish any solution that isn’t theirs.
3 years ago a trail began which showed how collecting and collating all the material information necessary for an exchange and completion, at the point of instruction could ensure less sales fell through and about 8 weeks could be taken off the post MOS process.
Because it was effectively a competitor system to other systems being worked on it was pooh-poohed by everyone not involved in that particular trial.
The blunt reality is doing most of the work to properly comply with Material Information is disruptive to the conveyancing industry; it brings the point of sale to the feet of agents rather than conveyancers. That disruption isn’t welcomed by the law society or the conveyancing professionals who will have their grip of their industry challenged.
I did some calculations, there are 300,000,000 reasons why change will be resisted at all costs until one of the solutions can dominate the others
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I agree. We have had numerous conversations with firms about the ordering process for searches being taken out of their hands. Despite, what feels like, the entire conveyancing sector stating that they are not search experts and cannot be expected to know everything (Climate Change), are horrified at the thought of a dedicated team of Search Experts engaging clients with solutions on their behalf. Apparently ordering searches is so complicated that only a qualified conveyancer is able to do it!! LOL
We have proven time and time again that clients want to participate and in doing so there is an elevated understanding of process and faster conclusions. Conveyancers do like to be stubborn about change although I am delighted to say that we are working with an increasing number of firms that have been happy to give up the control or search ordering, are happy not to have to manage clients funds and are delighted that a client can decide when THEY would like to spend THEIR money.
Change is happening, change is coming, change is going to take some time because the masses are resistant to it and seemingly ignorant of the challenges that some home movers are facing.
I would Urge Estate Agents to wake up and get a grip of better preparing sellers for selling though. Helping them to understand what they have got to get on and collate in advance of instructing a conveyancer is vital. Contracts going out are being delayed because sellers are too ill prepared… and whether agents like it or not, they can and should really help out in this regard.
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Thank you MrLondon52 – I do try to entertain if possible!
The article was to highlight the fact that one of the core issues is the central part of the process, which I believe is where the fundamental problem lies. Other issues like searches are important, but their impact is far less than sorting out the enquiry management side of things. My idea is that if we make that process more predictable, then you will reduce times dramatically.
But.
It takes a change of hearts and minds, which has to come from within the conveyancing world – which is what I am looking to achieve. We’re at the start of a long road but one, I believe with tangible, measurable results.
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Here’s a list of 122 regions where Local Authority Searches are at BEST 4 weeks and at WORST 37 weeks. But it’s OK, searches “are a red herring”. Adur District Council Amber Valley Borough Council Bedford Borough Council Blaenau Gwent County Council Borough Council Bolton Metro Borough Council Bournemouth, Christchurch & Poole (Christchurch Borough Council) Bridgend County Borough Council Broxbourne Borough Council Burnley Borough Council Calderdale Metropolitan Borough Council Cambridge City Council Central Bedfordshire Council (Unitary) Ceredigion County Council Charnwood Borough Council Cheshire East Borough Council (Unitary) Cheshire West and Chester Borough Council (Unitary) Chesterfield Borough Council Chichester District Council Colchester Borough Council Corporation of the City of London Cotswold District Council Coventry City Council Cumberland Council (Allerdale Borough Council) Cumberland Council (Carlisle City Council) Cumberland Council (Copeland Borough Council) Dacorum Borough Council Dartford Borough Council Dorset Council (North Dorset District Council) Dorset Council (Purbeck District Council) Dorset Council (Weymouth & Portland Borough Council) Durham County Council (Unitary) East Lindsey District Council East Staffordshire Borough Council Epping Forest District Council Erewash Borough Council Flintshire County Council Forest of Dean District Council Gedling Borough Council Gloucester City Council Gravesham Borough Council Great Yarmouth Borough Council Harlow District Council Herefordshire Council Hertsmere Borough Council High Peak Borough Council Isle of Anglesey County Council Kings Lynn and West Norfolk Borough Council Kingston upon Hull City Council Knowsley Metropolitan Borough Council Liverpool City Council London Borough of Camden London Borough of Hackney London Borough of Islington London Borough of Islington London Borough of Lewisham London Borough of Redbridge Maldon District Council Mansfield District Council Mid Sussex District Council Middlesbrough Borough Council Neath Port Talbot County Borough Council Newcastle under Lyme Borough Council Newcastle upon Tyne City Council Newport City Council North East Derbyshire District Council North Lincolnshire Council North Norfolk District Council North Somerset Council North Yorkshire Council (Craven District Council) North Yorkshire Council (Harrogate Council) North Yorkshire Council (Richmondshire District Council) Northumberland County Council (Unitary) Norwich City Council Nuneaton & Bedworth Borough Council Oldham Metropolitan Borough Council Pembrokeshire County Council Portsmouth City Council Reading Borough Council Reigate & Banstead Borough Council Rochdale Metropolitan Borough Council Rossendale Borough Council Rother District Council Rotherham Metropolitan Borough Council Royal Borough of Greenwich Royal Borough of Kingston-upon-Thames Rugby Borough Council Rushcliffe Borough Council Sheffield City Council Solihull Metropolitan Borough Council Somerset Council (South Somerset District Council) South Cambridgeshire District Council South Ribble Borough Council South Staffordshire District Council South Tyneside Metropolitan Borough Council St Albans City Council St Helens Metropolitan Borough Council Stafford Borough Council Stoke on Trent City Council Sunderland Metropolitan Borough Council Tameside Metropolitan Borough Council Tamworth Borough Council Test Valley Borough Council Tewkesbury Borough Council Thurrock District Council Torbay Borough Council Torfaen County Borough Council Torridge District Council Trafford Metropolitan Borough Council Vale of Glamorgan Council Watford Borough Council Welwyn Hatfield Council West Berkshire Council West Lancashire Borough Council West Northamptonshire Council (Daventry District Council) West Northamptonshire Council (Northampton Borough Council) West Oxfordshire District Council Westmorland and Furness Council (Barrow in Furness Borough Council) Westmorland and Furness Council (South Lakeland District Council) Wigan Metropolitan Borough Council Wiltshire Council (Unitary) Worthing Borough Council Wyre Forest District Council
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Now in a better format:
Adur District Council
Amber Valley Borough Council
Bedford Borough Council
Blaenau Gwent County Council Borough Council
Bolton Metro Borough Council
Bournemouth, Christchurch & Poole (Christchurch Borough Council)
Bridgend County Borough Council
Broxbourne Borough Council
Burnley Borough Council
Calderdale Metropolitan Borough Council
Cambridge City Council
Central Bedfordshire Council (Unitary)
Ceredigion County Council
Charnwood Borough Council
Cheshire East Borough Council (Unitary)
Cheshire West and Chester Borough Council (Unitary)
Chesterfield Borough Council
Chichester District Council
Colchester Borough Council
Corporation of the City of London
Cotswold District Council
Coventry City Council
Cumberland Council (Allerdale Borough Council)
Cumberland Council (Carlisle City Council)
Cumberland Council (Copeland Borough Council)
Dacorum Borough Council
Dartford Borough Council
Dorset Council (North Dorset District Council)
Dorset Council (Purbeck District Council)
Dorset Council (Weymouth & Portland Borough Council)
Durham County Council (Unitary)
East Lindsey District Council
East Staffordshire Borough Council
Epping Forest District Council
Erewash Borough Council
Flintshire County Council
Forest of Dean District Council
Gedling Borough Council
Gloucester City Council
Gravesham Borough Council
Great Yarmouth Borough Council
Harlow District Council
Herefordshire Council
Hertsmere Borough Council
High Peak Borough Council
Isle of Anglesey County Council
Kings Lynn and West Norfolk Borough Council
Kingston upon Hull City Council
Knowsley Metropolitan Borough Council
Liverpool City Council
London Borough of Camden
London Borough of Hackney
London Borough of Islington
London Borough of Lewisham
London Borough of Redbridge
Maldon District Council
Mansfield District Council
Mid Sussex District Council
Middlesbrough Borough Council
Neath Port Talbot County Borough Council
Newcastle under Lyme Borough Council
Newcastle upon Tyne City Council
Newport City Council
North East Derbyshire District Council
North Lincolnshire Council
North Norfolk District Council
North Somerset Council
North Yorkshire Council (Craven District Council)
North Yorkshire Council (Harrogate Council)
North Yorkshire Council (Richmondshire District Council)
Northumberland County Council (Unitary)
Norwich City Council
Nuneaton & Bedworth Borough Council
Oldham Metropolitan Borough Council
Pembrokeshire County Council
Portsmouth City Council
Reading Borough Council
Reigate & Banstead Borough Council
Rochdale Metropolitan Borough Council
Rossendale Borough Council
Rother District Council
Rotherham Metropolitan Borough Council
Royal Borough of Greenwich
Royal Borough of Kingston-upon-Thames
Rugby Borough Council
Rushcliffe Borough Council
Sheffield City Council
Solihull Metropolitan Borough Council
Somerset Council (South Somerset District Council)
South Cambridgeshire District Council
South Ribble Borough Council
South Staffordshire District Council
South Tyneside Metropolitan Borough Council
St Albans City Council
St Helens Metropolitan Borough Council
Stafford Borough Council
Stoke on Trent City Council
Sunderland Metropolitan Borough Council
Tameside Metropolitan Borough Council
Tamworth Borough Council
Test Valley Borough Council
Tewkesbury Borough Council
Thurrock District Council
Torbay Borough Council
Torfaen County Borough Council
Torridge District Council
Trafford Metropolitan Borough Council
Vale of Glamorgan Council
Watford Borough Council
Welwyn Hatfield Council
West Berkshire Council
West Lancashire Borough Council
West Northamptonshire Council (Daventry District Council)
West Northamptonshire Council (Northampton Borough Council)
West Oxfordshire District Council
Westmorland and Furness Council (Barrow in Furness Borough Council)
Westmorland and Furness Council (South Lakeland District Council)
Wigan Metropolitan Borough Council
Wiltshire Council (Unitary)
Worthing Borough Council
Wyre Forest District Council
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So what! Have you made a difference?
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I think I could have condensed todays story into one paragraph and saved most of us time.
So here it is.
Selling a property can only be done as fast as all the players will work to. Some are good, some are poor and have an effect on all involved with time management. Any breakdown in the process which includes communication but more often is required legal data compliance with legal issues and responsibility, will dictate how long it will take to complete. Add in every property in the chain, the desire of both buyer and seller to complete the next day (laughable) = X time. Some will be quicker than others and that is a fact of life.
Another fact of life after decades in the industry …… data is far easier to acquire today but the one thing that comes up time and time again for delay, after delay, after delay is the conveyancing system is archaic. Just one spanner in the works, grinds the cogs to a slow pace. The only people who can make a difference are those that look in the mirror and accept their faults, but importantly do something about the system to improve it ………. have they?
Conveyancing is by definition: a branch of law concerned with the preparation of documents for the conveyancing of the property between two legal advisers acting on behalf of the seller and purchaser.
The revolution for change rests squarely on the shoulders of the conveyancing, so get on and do it.
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Sure, but better preparing and educating a seller as to what they need to do, so as to not cause delays in the conveyancing process, sits firmly with Estate Agents, so they also need to get on and do it.
You can’t throw a pile metal with missing bolts at a conveyancer and expect them to drive away. If the Estate Agency community went so far as to ensure that all the pieces are there, we might stand half a chance of things speeding up.
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Bit hurtful Woodentop to compress into a single paragraph – you’d have lost so many of my great lines 😉
As ever though – thank you for your measured response and you’ve hit the nail on the head – it DOES rest squarely on our shoulders any yes – we DO need to do something about it – and personally – I am. Now the mission starts!
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No, not squarely on our shoulders Peter, some agents are good, some are bad, as are conveyancers. We need more mutual understanding and COLLABERATION.
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Well the article certainly does not shine a light on the black hole of conveyancing!! Although to be fair maybe that is the reason it is so muddled, it serves to sum up the state of conveyancing at the moment.
Unfortunately it is a profession in almost a mirror image of the country – no direction or leadership, a lack of competence and professionalism, plagued by a journalism crisis, and haunted by numerous bad decisions of the past dressed up as “innovations” which have led us to the mess we have now.
And like looking for a cure to inflation, we have no panacea for our ills either. Indeed all will get worse over the next two years as more able professionals leave the profession and the snake oil salesmen continue to try and sell us a future which doesn’t exist. If people think it is bad now, be afraid of what is coming, be very afraid. Unless people somewhere stop sitting on their hands.
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