Developers error: money back to my solicitors after completion??

jaliboy

Hi,

I have just completed on my new house last week and am in the process of moving in.

On completion I recieved a sum of money from the solicitors that was left over after all their costs and the developers costs and my payments had been accounted for.

I recieved the cheque and double checked with the solicitor that this was definitely my money, left over after the buying process to be banked. She assured me it was and that because the legal process had completed that was the end of it.

Low and behold this morning recieved a letter from the solicitor stating that the developer had made an error and could I please return the money. Half of which has now been spent.

What is my legal position here. Do I have to return the money in full once the legal process is finished? I suspect the solicitor is under pressure as they are the firm the developers recommend for a speedy completion. She definitely told me that their was nothing worry about and that as the process was finished they couldn't claim the money back even if an error has been made!! I wouldn't have banked it and paid off cards, bought furniture etc if I thought there was this possibilty. Grrrrrrrrrrrr.

Thanks in advance for any help and advice.

Cheers
J

jaliboy

All has been via snail mail. But the converstion I had with her and the double check on my part was on the telephone.

Cheers

J

MobileSaver

jaliboy wrote: »

Low and behold this morning recieved a letter from the solicitor stating that the developer had made an error and could I please return the money. Half of which has now been spent.

If the money belongs to the developer then yes you need to return it unless you dispute that it belongs to them. However the very fact that you double checked with your solicitor suggests you suspected that they'd made a mistake.

jaliboy wrote: »

All has been via snail mail. But the converstion I had with her and the double check on my part was on the telephone.

You'd have been in a stronger position if you had written confirmation from your solicitor that the repayment was full and final settlement of the transaction.

As it is you need to return it, the best you can hope for is they allow you to return half now and the rest over a reasonable repayment period since it was their mistake. The worst case scenario is they sue you in court for the full amount.

Richard_Webster

You will have to return it but you can counterclaim against the solicitor for the losses suffered by you in acting to your detriment in buying things etc you wouldn't otherwise have bought. They let you believe it was OK so they are on pretty weak ground really.

jaliboy

Hey chaps....I can't believe it. Idiots. Last thing I need after buying a new house is more debt. She assured me this wouldn't happen. If its too good to be true...etc etc. lol.

Just wanted to say thankyou for taking the time to reply and the advice.

Much appreciated. Looks like I need a new solicitor.

J