Can You Change Conveyancer Mid-Sale? How Switching Works

Yes, you can change conveyancer during a sale or purchase. You choose who acts for you, and you can move your file to another firm at any point before completion. It is easiest before contracts are exchanged. Expect to pay the first firm for work already done, and to lose some time while the new firm catches up.

Reasons people change conveyancer

Most switches come down to one of these:

• No communication. Calls and emails go unanswered, and you cannot find out what is happening.
• Delay. The file seems to be sitting still, with no explanation of what it is waiting for.
• Cost. The price has gone up in a way you did not expect or do not understand.
• Loss of confidence. Mistakes, or the way your matter is being handled, mean you no longer trust the firm.
• The firm cannot act. It has closed, has a conflict of interest, or is not on your lender's panel.

If your reason is delay, read what to do if your conveyancing is taking too long first. Often the hold-up is with the seller, the chain or a council, and a new firm would face the same wait.

Before you switch: complain first, or switch?

Switching fixes a firm problem, not a chain problem. Before you move, ask your current firm in writing what is outstanding and who it is waiting on.

If the problem is the firm itself, you have two routes, and you can use both:

1. Complain. Every firm must give you its complaints procedure in writing when you instruct it. Put your complaint in writing. The firm then has up to eight weeks to put things right.
2. Switch. If you have lost confidence, or the purchase cannot wait, move your file and pursue the complaint separately.

The Legal Ombudsman is the next step after the firm's own process. It is free, and it looks at poor service and at bills. You must go to it within six months of the firm's final response, and within a year of the problem or of when you became aware of it. Its own website warns that accepting a case can take many months, so it will not rescue a purchase that is happening now.

The SRA, which regulates solicitors, deals with misconduct such as dishonesty. It says it does not usually investigate concerns about delays, communication or bills.

How changing conveyancer works

1. Choose the new firm and get a quote. Ask for a written quote for picking up a part-done file, not a fresh one.
2. Check it can act for your lender. If you are buying with a mortgage, make sure the new firm is on your lender's approved panel. If it is not, ask what that means for cost and time before you go further.
3. Tell your current firm in writing that you are ending your instructions, and sign an authority for it to send your file to the new firm. Your file is confidential, so the old firm needs your consent to pass it on.
4. Settle or agree the old firm's bill. See the next section.
5. The new firm checks your ID. By law it must identify you itself, even if the old firm already did.
6. The new firm reviews the file: the contract, the title, the searches and the enquiries so far, and picks up where things stand.
7. Tell the estate agent, and make sure the other side's solicitor has the new firm's details, so the chain knows who to talk to.

What you owe your old conveyancer

You will usually pay the first firm for the work it has done up to the point you leave. Your terms of business, signed when you instructed the firm, should say how that is worked out. Money it has paid out for you, such as search fees, is normally part of the bill.

The old firm may want its bill settled, or agreed, before it releases the file. Ask for an itemised final bill so you can see what you are paying for.

If you think the bill is too high:

• query it with the firm and use its complaints procedure
• take it to the Legal Ombudsman, which looks at the costs you are being asked to pay
• ask the court to assess it. You can apply to the Senior Courts Costs Office within one month of getting the bill, or within a year, though by then the court may ask you to pay some or all of it first

How switching affects your timeline

Switching nearly always costs some time. The new firm has to receive the file, check your ID, read what has been done and get up to speed with the other side.

Before exchange, nobody is legally bound, so the timetable can move. The earlier you switch, the less there is to hand over and the less it costs.

After exchange, the contract is binding and the completion date is fixed. Changing firm does not change that date, and if you fail to complete, you can lose your deposit and owe the seller compensation. A switch this late needs a new firm that can pick up immediately. It is rarely worth it close to exchange unless your firm truly cannot act.

What to look for in your new conveyancer

• They are regulated. Check the solicitor or firm on the SRA's register, or the relevant register for a licensed conveyancer.
• They can act for your lender.
• They give you a written quote for taking over, with any extra work named.
• You know who will handle the file, and how often you will hear from them.

On our residential conveyancing files, you get a written fixed quote before work starts, and a named solicitor from start to finish. That applies when we take over a file part-way through too.

Questions people ask

Can I change conveyancer?

Yes. You can change conveyancer at any point before completion by ending your instructions in writing and asking your current firm to send your file to the new one. You will usually pay the first firm for the work it has done. Switching is easiest before exchange of contracts, when nobody is yet legally bound.

Can you switch conveyancing solicitors mid-process?

Yes. Many people switch after searches and enquiries have started. The new firm takes over the existing file, checks your ID, reviews the work done and carries on. Expect some delay while it catches up. After exchange, switching is still possible, but the completion date stays fixed, so the new firm must pick up immediately.

Can I change solicitors after exchange of contracts?

You can, but it is risky. Exchange makes the contract binding and fixes the completion date. A new firm has to take over the file and still complete on that date. If completion does not happen, you could lose your deposit and owe the seller compensation. Only switch this late if your firm cannot act.

Will I have to pay twice if I change conveyancer?

You will usually pay the first firm for the work it has done and the second firm for the rest. Ask the new firm for a quote for taking over a part-done file. Ask the old firm for an itemised final bill, and query anything you do not understand before you pay.

Will my old solicitor hand over my file?

Yes, once you give written authority. Your file is confidential, so the old firm needs your consent to send it. It may want its bill settled or agreed first. If you think the bill is unfair, you can complain to the firm, then the Legal Ombudsman, or ask the court to assess it.

Does changing conveyancer delay the sale?

Usually, by some time. The new firm has to receive and read the file, run its own ID checks and contact the other side. How long depends on how far along you are and how organised the file is. Switching early keeps the delay small. Tell the estate agent so the chain is not left guessing.

Should I complain or change conveyancer?

If the delay is with the seller, the chain or a council, switching will not help. If the problem is your own firm, complain in writing first: it has up to eight weeks to put things right. If you have lost confidence, or the purchase cannot wait, you can switch and pursue the complaint separately.

Sources

Choosing a conveyancer, lender panels, exchange: gov.uk/government/publications/how-to-buy-a-home/how-to-buy

Chains and keeping everyone updated: gov.uk/government/publications/how-to-sell-a-home/how-to-sell-a-home

Confidentiality, complaints procedure, cost information: sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/

What the SRA does and does not investigate: sra.org.uk/consumers/problems/report-solicitor/

Legal Ombudsman: legalombudsman.org.uk/how-to-complain/ and legalombudsman.org.uk/for-consumers/faqs/

Challenging a solicitor's bill: gov.uk/challenge-solicitors-bill

ID checks: legislation.gov.uk/uksi/2017/692/regulation/28

This is general information about conveyancing in England and Wales, not advice on your transaction. Your own position depends on facts we would need to see.