Why You Don’t Have to Use Your Estate Agent’s Conveyancer

Buying or selling a property can be stressful enough without feeling like you have to use every service recommended by your estate agent.

One of the most common recommendations you may receive is for a conveyancer or solicitor to handle the legal side of your property transaction. While an estate agent may have a preferred conveyancer they regularly work with, you are not generally required to use the firm they recommend.

In fact, choosing your own conveyancer can give you the opportunity to compare prices, service levels, experience and expertise before making an important decision.

What Is a Conveyancer?

A conveyancer is a legal professional who handles the legal work involved in buying or selling property.

Their work can include:

• Reviewing the property’s legal title

• Carrying out property searches

• Raising enquiries with the other side

• Reviewing contracts

• Dealing with the Land Registry

• Managing the exchange of contracts

• Handling the transfer of funds

• Completing the legal transaction

Conveyancing is an important part of a property transaction, so choosing the right professional should be based on what works best for you, rather than simply accepting the first recommendation you receive.

Do You Have to Use Your Estate Agent’s Conveyancer?

No.

In England and Wales, government guidance specifically states that you do not have to use the legal professional recommended by an estate agent or mortgage lender. (GOV.UK)

An estate agent may recommend a particular solicitor or conveyancer because they have an established relationship with that firm, have had positive experiences with them, or because the firm offers a service that the agent believes will work well with its transactions.

However, the choice remains yours.

You are free to research other firms, obtain quotes and appoint the conveyancer you believe is best suited to your circumstances.

Why Does an Estate Agent Recommend a Conveyancer?

There are several reasons an estate agent may recommend a particular conveyancer.

They may have worked with the firm previously and know how the firm operates. A good working relationship can sometimes make communication between the estate agent and conveyancer easier during a transaction.

However, there can also be a commercial relationship between an estate agent and a conveyancing firm.

An estate agent may receive a payment, known as a referral fee, when a customer uses a recommended legal professional. Government guidance confirms that estate agents must tell customers if they receive a referral fee from the company they recommend. (GOV.UK)

This does not automatically mean that the recommended conveyancer is unsuitable or that the recommendation is bad. It simply means you should have the information you need to make your own decision.

What Is a Referral Fee?

A referral fee is a payment made by one business to another for referring a customer.

For example, an estate agent might introduce a buyer or seller to a particular conveyancing firm. If the customer goes ahead with that firm, the estate agent may receive a payment.

The important point for consumers is transparency.

Government guidance says customers should be told about referral fees so they can make an informed choice about which legal professional to use. (GOV.UK)

So, if an estate agent recommends a conveyancer, don’t be afraid to ask:

“Do you receive a referral fee if I use this firm?”

You can also ask how much the referral fee is.

Why Should You Consider Choosing Your Own Conveyancer?

There is nothing wrong with using an estate agent’s recommended conveyancer if they offer the right service at a competitive price.

However, shopping around can have several advantages.

1. You Can Compare Prices

Conveyancing fees can vary considerably between firms.

A quote that initially looks cheaper may not necessarily be cheaper once additional charges and disbursements are included.

When comparing quotes, ask for a clear breakdown of:

• Legal fees

• VAT

• Searches

• Land Registry fees

• Bank transfer fees

• Leasehold fees, if applicable

• Additional legal work

• Costs if the transaction falls through

Government guidance recommends getting quotes from more than one legal representative and checking for hidden extras. (GOV.UK)

2. You Can Choose a Specialist

Not every property transaction is the same.

A straightforward freehold house may require a different level of expertise from a complicated leasehold flat, shared ownership property or listed building.

When choosing a conveyancer, look for someone who has experience with the type of transaction you are undertaking.

For example, if you are buying a leasehold property, you may want a conveyancer who regularly deals with leasehold transactions and understands issues such as service charges, ground rent, leases and management information.

3. You Can Choose the Level of Service You Want

Some people prefer a traditional local solicitor they can speak to face-to-face.

Others prefer an online conveyancing firm that offers digital communication and potentially more competitive pricing.

Neither approach is automatically better.

The important question is:

Which service suits you?

Ask how the firm communicates, whether you will have a named contact, how quickly they typically respond and what happens if your transaction becomes complicated.

These are all factors government guidance recommends considering when choosing a legal representative. (GOV.UK)

4. You May Already Have a Solicitor You Trust

If you have previously used a solicitor for another property transaction, you may prefer to use them again.

Perhaps they already understand your circumstances, you were happy with their service, or you simply trust them.

There is no general requirement to change solicitors simply because your estate agent has recommended another firm.

What About Your Mortgage Lender?

There is one important point to remember when choosing a conveyancer: your mortgage lender may have requirements about which firms can act for them.

Government guidance recommends checking whether your chosen legal representative is on your mortgage lender’s panel of approved representatives. (GOV.UK)

If your preferred conveyancer cannot act for your lender, this could create additional complications or costs.

Therefore, if you are buying with a mortgage, check this before formally instructing your conveyancer.

Could Choosing Your Own Conveyancer Delay the Sale?

You may sometimes hear that using the estate agent’s recommended conveyancer will make the transaction quicker.

There can be advantages to professionals who regularly communicate with one another, but that does not mean an independently chosen conveyancer will automatically cause delays.

The speed of a property transaction can depend on many factors, including:

• How quickly searches are returned

• The complexity of the property

• The responsiveness of the buyer and seller

• Mortgage arrangements

• The length of the property chain

• Issues discovered during legal enquiries

• The efficiency of the conveyancing firm

Rather than choosing a conveyancer solely because the estate agent recommends them, ask prospective firms about their communication processes, workload and approach to progressing transactions.

Does Choosing Your Own Conveyancer Affect Your Offer?

You should not feel pressured into using an estate agent’s recommended conveyancer simply because you have made an offer on a property.

Government guidance confirms that you do not have to use the company recommended by the estate agent. (GOV.UK)

If you are buying a property, the estate agent may ask which solicitor or conveyancer is acting for you so they can include the details in the memorandum of sale.

That does not mean the estate agent gets to choose your legal representative.

Your conveyancer is acting for you, so you should feel comfortable with the person or firm you appoint.

How to Choose the Right Conveyancer

Rather than automatically accepting a recommendation, consider getting two or three quotes.

When comparing firms, look beyond the headline price.

Consider:

Price: Is the quote genuinely comprehensive, or are there additional charges?

Experience: Do they regularly handle your type of property?

Communication: Will you have a named contact?

Reviews: What do previous customers say about the service?

Regulation: Is the firm or individual appropriately regulated?

Mortgage lender: If you’re using a mortgage, can they act for your lender?

Availability: Do they have capacity to take on your transaction?

Service: Will you be able to speak to someone when you need an update?

A slightly higher quote may be worthwhile if it provides a significantly better service. Conversely, a higher price does not automatically mean better service.

What If Your Estate Agent Says You Should Use Their Conveyancer?

If an estate agent strongly recommends its own conveyancing partner, don’t be afraid to ask questions.

You could simply say:

“Thank you for the recommendation. I’m going to compare a few conveyancers before deciding.”

You can also ask:

• Do you receive a referral fee?

• How much is the referral fee?

• Is there any reason you believe this firm is particularly suitable for my property?

• Can I use my own solicitor or conveyancer?

• Will choosing another firm affect the transaction in any way?

These are reasonable questions to ask when you are making one of the biggest financial decisions of your life.

The Bottom Line

Your estate agent can recommend a conveyancer, but you do not generally have to use them.

The recommended firm may be excellent, competitive and experienced. If so, there is nothing wrong with choosing them.

But you should also feel free to shop around.

Compare quotes, check the service offered, consider the firm’s experience with your type of property, and make sure your chosen conveyancer can work with your mortgage lender if applicable.

Most importantly, remember that the conveyancer is working for you. You should choose the legal professional you believe offers the right combination of price, expertise and service for your circumstances.

Government guidance is clear: estate agent recommendations are optional, and you are entitled to make your own choice. (GOV.UK)

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