Property Purchase -Solictors communications with the Estate agent.

[toys19]

A recent house purchase left me very surprised when I discovered that our conveyancing solicitor was freely giving info about the progress of the sale to the vendors estate agent, including our mortgage status etc. I wondered if any Caggers could let me know what the legal staus of this is?

 

Does the estate agent have any right to our information?

Should the solicitor be freely giving information to the agent?

Shouldn't the solicitor just stick to discussing things with the vendors solicitor?

[BazzaS]

A recent house purchase left me very surprised when I discovered that our conveyancing solicitor was freely giving info about the progress of the sale to the vendors estate agent, including our mortgage status etc. I wondered if any Caggers could let me know what the legal staus of this is?

 

Does the estate agent have any right to our information?

Should the solicitor be freely giving information to the agent?

Shouldn't the solicitor just stick to discussing things with the vendors solicitor?

 

What harm / loss have you suffered?

[toys19]

Nothing other than a perceived invasion of privacy. I don't understand your point? Why do you need to know this?

I just wondered if the estate agent has any right to be involved in the process once solicitors details have been exchanged.

[hammyhound]

You will probably find that the estate agent is probably trying to keep everyone in the loop. Also they are probably checking on the progress of your mortgage etc so to try and keep the seller's solicitors in the loop. This happens on every sale/purchase with an estate agent. I cannot see any invasion of privacy. The estate agents are doing their job and for the fees they pay which is sometimes a lot more than the solicitor's fees I think the estate agents should be kept on their toes and be more involved. They also need to know when exchange is and more importantly completion day so keys can be released to the purchaser.

[BazzaS]

Nothing other than a perceived invasion of privacy. I don't understand your point? Why do you need to know this?

I just wondered if the estate agent has any right to be involved in the process once solicitors details have been exchanged.

 

Why do I need to know this?

Because you have additional ways to pursue this if you have suffered harm.

 

Mind you, you don't have to answer, but if you don't, or answer with "why do you need to know this" : you'll put people off answering.

Good luck: I'm out.

[toys19]

ahh I understand now, please accept my apologies, it did seem brusque. In person I would have knotted my eyebrows and asked and I am sure it would have been much more disarming.

I am not seeking remedy against the agent or solicitor. I just wondered if there was any duty of confidentiality or if there are rights to the know about the transaction for any interested party.

My experience with estate agents is that they cannot be trusted, and I don't feel comfortable with them knowing my financial position. Which in this case is what happened, earnings, amount of deposit funds available etc.

[steampowered]

Solicitors owe their clients a strict duty of confidentiality and shouldn't disclose things without their client's consent (https://www.sra.org.uk/solicitors/handbook/code/part2/rule4/content.page).

 

I think a solicitor instructed to complete a house purchase would have implied consent to speak with estate agents and other involved parties to progress the purchase.

 

It isn't clear to me why the solicitor disclosed financial details to the estate agent. There may have been a good reason but I can't think of one. You can complain to the solicitor and then to the Legal Ombudsman if you aren't happy.

[toys19]

Thanks so much for your reply. The SRA link and your advice are very useful.

I don't think I would be able to prove anything anyway, so I feel making a complaint would be pointless.

I'm more interested in understanding how to ask any future conveyancing solicitor to be a bit more circumspect about what they tell the estate agent.

I am not really convinced, that once the buyer and vendors solicitors are talking to each other, that the estate agent has any further valuable contribution to make. Other than being informed at the end that the process is complete and that they should hand over the keys.

[AndyOrch]

On some occasions it can be useful to keep the EA close and in the loop as they have direct contact and the ear of your purchaser...in a way that your Solicitor does not have...(Solicitor to solicitor)

 

Andy

[toys19]

I have yet to have experience as a vendor, so I value yours, and will remember that in the future.

However in my case as a purchaser of 6 properties I have found EA's to be a royal pain.

Edit - actually I should say on my first purchase the EA was brilliant, transparent and very useful. He did work to get the best price for the client, but there was nothing untoward.

Edited April 27, 2016 by toys19
update

[steampowered]

You are probably right that a complaint might not go anywhere.

 

On future transactions, you can specifically instruct the solicitor/conveyancer that you do not want financial information disclosed without your express consent. You will then have a very clear basis for complaining to the regulator if the solicitor/conveyancer does not follow your instructions.

[goodatresearch]

Can I ask, what info was passed on?

 

If it was " yes they have a mortgage and just waiting for the paperwork" I can't see what the problem is. If it was something like, "they have defaults and are on a low wage" then that's a different thing entirely.

 

Sellers pay a fortune to EAs and its their job to liaise between all parties and find out if the purchaser can afford the house.. Sellers are entitled to know how the sale is progressing and solicitors known this. The question is whether the solicitor passed the fine like be between assisting the purchase and breaching confidentiality.

[hightail]

Sellers pay a fortune to EAs and its their job to liaise between all parties and find out if the purchaser can afford the house..

I do think estate agents overstep the bounds at times and I can therefore understand the OP's irritation. They'll claim they need all sorts of details because of money laundering regs and I've refused point blank to provide them in the past because the EA plays no part in the transfer of money. It didn't impede the sale. My solicitor is entitled to know where the funds come from and I'd be pretty annoyed if they discussed this with anyone who didn't need to know.

[toys19]

Can I ask, what info was passed on?

 

If it was " yes they have a mortgage and just waiting for the paperwork" I can't see what the problem is. If it was something like, "they have defaults and are on a low wage" then that's a different thing entirely.

Well as I said the estate agent now knows our wage, contents of bank account etc. Too much.

Sellers pay a fortune to EAs and its their job to liaise between all parties and find out if the purchaser can afford the house.. Sellers are entitled to know how the sale is progressing and solicitors known this. The question is whether the solicitor passed the fine like be between assisting the purchase and breaching confidentiality.

Which the vendor can find out from their solicitor. The EA needs to know very little once solicitors details have been exchanged.

[toys19]

Which the vendor can find out from their solicitor. The EA needs to know very little once solicitors details have been exchanged.

In my opinion of course...

[honeybee13]

Which the vendor can find out from their solicitor. The EA needs to know very little once solicitors details have been exchanged.

 

In my limited experience of two sales recently, the agents have produced more information than the lawyers. In our case, they have been the main source of information.

 

I agree with you about the financial information though, I wouldn't be happy about that. As goodatresearch said, I would expect it to be generic.

 

HB

Edited May 5, 2016 by honeybee13
Repetition.

[goodatresearch]

That's really what I meant. Put it this way, I sold a house last year and the buyers dragged their feet. I didn't want sensitive financial info, just wanted to know at what the stage they were at. My solicitor just got " it takes as long as it takes" from the buyers solicitor. In the mean time we were losing out on potential interested parties. I told my EA that I wanted an update that day or they were to start remarketing the property and I would leave their offer on the table. Is it worth losing a house you really want because you don't want the seller to know at what stage your at.

 

 

 

Which the vendor can find out from their solicitor. The EA needs to know very little once solicitors details have been exchanged.

 

In my limited experience of two sales recently, the agents have produced more information than the lawyers. In our case, they have been the main source of information.

 

I agree with you about the financial information though, I wouldn't be happy about that. As goodatresearch said, I would expect it to be generic information.

 

HB

[toys19]

Interesting thread here that covers the same from an agents point of view, although the last post appears to be from a solictor who I think appears to feel the same way I do..

http://www.propertyindustryeye.com/forums/topic/solicitors-dont-you-just-love-them/#post-28610

 

First of all the whinge: employees of agents ringing us wanting to know when their employer’s fee will be paid (so they know when they will get their commission) ie for reasons nothing to do with “keeping the chain informed” and all to do with being paid.

 

There is an ethical issue which Estate Agents either appreciate but wish to ignore or do not appreciate at all.

 

Who is the Solicitor’s client? We are prohibited from discussing our client’s affairs with anyone other than the client unless we have clear instructions from the client (signed, in writing) indicating we can discuss their case with a named third party.

Edited May 31, 2016 by honeybee13
Cutting down quote from original text.

[honeybee13]

Hello there.

 

I've pruned your quote a bit, as we're not meant to quote wholesale from other sites. Anyone who wants to read the whole thing can follow the link you kindly provided.

 

HB

[toys19]

Ahh Ok sorry.

[honeybee13]

Ahh Ok sorry.

 

Don't worry, it's OK now.

 

HB