Query over conveyancing charge

Stuck_for_Inspiration

We are part way through a house sale/purchase and today I received a letter from our solicitors detailing the expected fees for dealing with our purchase.

It includes a charge of £75 + Vat for Land Transaction return, this was not present on the quote I requested when initially shopping around.

When I queried it with the solicitor, they said "well it is optional, you can do it yourself"

Does this seem fair? I've had a look at the form and think I wouldn't be confident in completing myself, the guidance also says this is something that your solicitor would normally complete, so why didn't they include it in the original quote?

mackemdave

Did the other solicitor's quotes that you got include this? If so why didnt you queery with your solicitor?

Stuck_for_Inspiration

No they were all in pretty much the same format, ie fees, searches, land registry etc.

Richard_Webster

If they didn't include it as a charge with an explanation that you could do it yourself in their original estimate or in the papers sent with it, then they should be dealing with it as part of their basic fee and shouldn't charge you.

Tell them that they should not charge you this and if they do you will register a formal complaint. They will probably back down because they won't relish explaining to the Legal Complaints Service why they hid this charge from you.

Stuck_for_Inspiration

I feel a bit tied, I obviously don't want to "fall out" with them whilst they are working on my file, is this something that I could take up with them after completion?

lee636

Richard_Webster wrote: »

If they didn't include it as a charge with an explanation that you could do it yourself in their original estimate or in the papers sent with it, then they should be dealing with it as part of their basic fee and shouldn't charge you.

Tell them that they should not charge you this and if they do you will register a formal complaint. They will probably back down because they won't relish explaining to the Legal Complaints Service why they hid this charge from you.

Out of interest, if the OP did take this route could the solicitors 'drag their heels' a bit when it came to getting the transaction sorted? More out of spite than to gain additional funds.

Richard_Webster

They are more likely to try to bend over backwards because they won't want him to make a complaint and if they do other stuff to wind him up then he is all the more likely to complain about something else as well!

silvercar

Stuck_for_Inspiration wrote: »

I feel a bit tied, I obviously don't want to "fall out" with them whilst they are working on my file, is this something that I could take up with them after completion?

Are you taking a mortgage? If so the solicitor is acting for the lender as much as for you in registering the lender's interest as well as your ownership with the Land Registry. Ask him how is going to discharge his obligation to the lender without completing the land reg himself?

Stuck_for_Inspiration

Thanks for the advice posted, I think I may very politely ask them to reconsider the charge!

timmyt

Stuck_for_Inspiration wrote: »

We are part way through a house sale/purchase and today I received a letter from our solicitors detailing the expected fees for dealing with our purchase.

It includes a charge of £75 + Vat for Land Transaction return, this was not present on the quote I requested when initially shopping around.

When I queried it with the solicitor, they said "well it is optional, you can do it yourself"

Does this seem fair? I've had a look at the form and think I wouldn't be confident in completing myself, the guidance also says this is something that your solicitor would normally complete, so why didn't they include it in the original quote?

if they didn't quote it then it is there problem.

your lender makes it your lawyers obligation to pay the stamp duty, so they are stuck.

filling in a stamp duty is part of their role within the conveyancing chages, not a separate one.

so maintain you are no0t paying if not on the quote, otherwise you end up the sucker.

keep us posted