September 8.
I read Scott Galt's letter on cut-price conveyancing fees with
interest (September 4).
In offering fixed price legal fees for conveyancing in the purchase or
sale of a property of any price for #295 plus VAT and outlays, GA does a
great service to the people of Strathclyde.
This move follows an initiative taken some 18 months ago by Registered
Estate Agents Ltd (Real), the organisation representing Lothian estate
agents. Seeking to obtain the best possible terms for conveyancing for
all our clients, Real invited more than 40 Lothian legal offices to
tender for a minimum of 100 mixed-price cases over a one-year period.
The winning tender, obtained freely and without any price negotiation
or pressure from ourselves, was #350 plus VAT and outlays.
Subsequently, several other firms have come forward voluntarily with
even better terms. My own firm, Stewart Saunders, uses five solicitors
who have offered to transact the work for #285 plus VAT plus outlays.
Conveyancing services organised by such as GA and Real at standard
prices are carried out by experienced, highly efficient Scottish
solicitors with current Law Society practising certificates and proper
professional indemnity insurance.
The idea of standard estate agency fees is a red herring. What matters
to sellers or buyers is the quality of service offered and total fees
and outlays charged in any transaction.
Real in Lothian has just carried out a detailed survey of such
comparative total costs between local solicitors and estate agents. The
average total cost of exclusively using local solicitors was 33% greater
than any Real estate agent operating with our standard conveyancing
charge scheme. In one instance the saving was 66%.
Unlike solicitors, estate agents are bound by law to give a clear
written estimate of all fees and charges in advance of undertaking any
transaction.
With few exceptions the fees charged by Scottish solicitors for any
legal work are highly obscure. It is virtually impossible to get any
admission of the cost per hour in advance. The situation appears to be
quite different in England, where costs per hour are clearly stated in
advance.
The Government would be doing an enormous public service if it
introduced the obligation upon Scottish solicitors to produce a written
quote in advance of undertaking any work for personal clients.
The benefits to the public of a free and open market in all legal
services (as exists already in estate agency) would be incalculable.
David Alves,
chairman,
Registered Estate Agents Ltd,
8 St Bernard's Crescent,
Edinburgh.
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