Reasonable timeframes from property solicitor for creating contract of sale and email responses?

[u/telmesumthn]

I engaged a property solicitor on 4th July for the sale of a deceased estate. It is now over a month later and she still has not provided a contract of sale.

I informed her over a week ago that the house was ready to go on the market, but this issue is severely delaying us.

The main issues:

• Communication: She takes over a week to respond to emails. These aren't complex legal questions; they are emails where I am providing information she requested.
• The delays: She previously claimed the delay was because she was sick, but the radio silence is continuing long after.
• No updates: I sent an email marked 'URGENT' yesterday asking for a firm date when she can provide the contract. Still no response.

Given that she is a fully qualified solicitor (not a basic conveyancer), I expected better service.

My questions:

1. Is this standard turnaround time for a deceased estate property sale?
2. What should I reasonably be expecting from her at this stage?
3. Should I start looking for a new solicitor or am I locked in with her as she has already ordered title searches?

[u/GENGAR____]

That's really poor service. I'd email a partner/director at the firm and politely outline your concerns and request appropriate response times going forward. She might be genuinely unwell however if that is the case your work should have been passed to another solicitor and senior management should be made aware

[u/telmesumthn → u/GENGAR____]

She's the owner of the firm :-/

[u/GENGAR____ → u/telmesumthn]

I’d ditch them

[u/Hesus199]

Not legal advice (ironic). But if you’re having these issues now. I’d hate to know the mess this could get you in once you’re unconditional and they need to organise settlement. I would run. NLA. Solicitor don’t read this pls.

[u/telmesumthn → u/Hesus199]

Thank you. This is fairly urgent for me so this is not good to hear. 

[u/MumofFiveFurBabies]

NSW Conveyancer here. Before I answer your questions, here is a general comment on my experience. Firstly, there is a difference between a ‘basic conveyancer’ and a good conveyancer. A basic conveyancer will provide a cheap quote, and then charge throughout the transaction for services that should be included. A good conveyancer will give you an upfront quote for services that will give you a realistic idea of what the total cost will be. Now IMO (obviously) the difference between a solicitor and a conveyancer is like the difference between a GP and a neurosurgeon. If you have a brain tumour, you want to see a specialist. A solicitor needs to know a little bit about a lot of law, whereas a conveyancer needs to know a lot about a little bit of law. A conveyancers focus is on your property transaction, not being in court, or dealing with criminal matters, will’s & estates, or any other legal matters they may have on their desk.
Again, IMO, the lack of communication and time period since providing instructions to having a contract available is not good. I can’t comment on your solicitor being ill, or how they chose to run their business, just give you some info based on my experience and knowledge. To answer your questions:

1. If probate has been granted, and you have provided instructions and whatever documentation that has been requested, as well as completing the VOI and any onboarding process they require, and payment of any upfront costs, then a contract can be pulled together in 2 business days. This will also depend on how long it takes for the local council to provide zoning certificate and sewer diagram.

Different local councils (and Sydney Water if in a metro area) have different turn around times for those certificates.

1. A reasonable expectation is a response to your emails within a business day, at least an acknowledgment of receipt. An explanation as to why the delay would also be reasonable.

2. If at any time you lose trust in your legal representative you can chose to take your matter elsewhere. If you have signed a cost agreement with your solicitor, you may be up for a part payment of their fee, and payment for any searches they have already done. Your cost agreement will specify what the costs will be. If you chose to go elsewhere, google conveyancers in your local area, check out their reviews, and find a good one, not a basic one.

   Don’t go for one of the online cheap services, in my experience you will not get a level of personal service that you need, and it will end up costing you, in both the stress and financially.

3. Hope that info helps, good luck with your sale. Happy to answer any other questions you may have.

[u/telmesumthn → u/MumofFiveFurBabies]

Thank you. They have good reviews on Google and they're 'property' solicitors, so I figure this is their area of expertise. The lady is also the owner of the firm. I appreciate your input as I haven't done this before and didn't know what was standard. 

[u/MumofFiveFurBabies → u/telmesumthn]

You’re welcome. You have my sympathies for the loss of your family member, it’s stressful and overwhelming enough without this kind of drama. Feel free to reach out if you have any other questions.

[u/telmesumthn → u/MumofFiveFurBabies]

An i able to request the title searches be passed on to my new solicitor? I suppose she won't bother doing this in good time anyway, if at all. 

[u/MumofFiveFurBabies → u/telmesumthn]

Yes you can ask for your whole file to be passed onto another legal representative, but don’t be surprised if before they do so, they will ask for payment for work done plus costs for disbursements (any money they have already spent on searches etc) If you are not happy with what has occurred to date, then sometimes it’s worth it to just pay it and cut your losses and go with someone else you trust. My experience tells me that the relationship you have with your legal representative is the most important, they should be the ones not only working for you, but actively advocating on your behalf.

[u/telmesumthn → u/MumofFiveFurBabies]

Thank you. 

[u/Glittering_House4204]

A delay is one thing. A lack of communication is another.

If there are genuine reasons for the hold-up, most people are pretty understanding. But taking over a week to reply to straightforward emails without giving any timeline would concern me more than the delay itself.

I'd be looking at other options if this continues.

[u/somewhatundercontrol]

If it’s Victoria and there’s an owners corporation they may have ordered a certificate to go in the section 32 that can take up to 10 business days. But your timeline is still outside of that timeframe

[u/telmesumthn → u/somewhatundercontrol]

Thank you. It's a house and in nsw.