Additional enquires charge

FTBuyerRosie

Hi, All
I am buying an empty flat and have instructed an online conveyancer. I’m fully aware of the disadvantages of using an online firm, but the sale is a very straightforward one with no chain and no mortgage involved, so I thought I would just “risk” it. The conveyancer has just advised me that he has raised some additional enquires to the seller’s solicitor and has charged me for the privilege. My question is: if I know the answers to those “additional enquires” such as whether the property has central heating, is it serviced etc etc… is it reasonable for me to tell my conveyancer that I don’t need those information hence don’t wish to pay for it?
Thanks for any advices in advance.

Richard_Webster

If there are questions that the solicitors needs answers to in order to satisfy your mortgage lender then he probably has to ask them.

You can ask him
a) where it says in his terms and conditions that he might have to ask them and whether the explanation makes it clear that in the vast majority of cases there will be some extra queries

b) why he has to ask the questions. (see above for a likely explanation.)

I think that if he has buried the possibility of additional enquiries deep in his ts& cs and hasn't made it clear that in most cases some additional enquires are needed then I would threaten to report him to the Legal Ombudsman for misleading advertising if he does not withdraw the additional charge.

FTBuyerRosie

Thanks Richard. I’m a cash buyer so no mortgage is involved.

Yes, the T&C does mention the charge. However, my point is that I don’t need those “Additional Enquires” raised e.g. is there a central heating in the flat (no), will all personal property be removed (yes, empty flat) etc. I just don’t feel that it’s justifiable for me to pay for those enquires (charged per enquiry).

Richard_Webster

Sometimes I ask questions to which my buyer client knows the answers, or can make an intelligent guess and isn't bothered. As I am not charging extra for them, if he is a cash buyer, it is then up to him whether he bothers to wait for the answers.

What do their ts & cs say about why they would ask extra questions, and who decides whether they should be asked? If you are a cash buyer then seems to me that if they are charging for them they should only ask them with your express informed consent.

Frankly I would threaten a complaint unless they drop the charge - ask them for details of their complaints procedure. Can't see the Legal Ombudsman being very impressed with extra charges like that being hidden away in ts & cs and then you being given no option about them.

G_M

I'm afraid this is part of the problem with the 'cheap' quotes given by some online conveyancers.

Many things that you'd expect to be included often are not eg completing the SDLT form.

In this case, you are the client. There is no mortgage lender who is also a client and can dictate some things the conveyancer must do, so it's up to you.

Indeed, you could instruct the conveyancer not to do a local search if you wished. There is no law that says you must have one, though a responsible conveyancer would point out to you the risks of NOT having one.

But as I said, you are the client. You decide. So before doing chargeable extras (like additional enquiries) they should get your instruction to do so.

timmyt

FTBuyerRosie wrote: »

Hi, All
I am buying an empty flat and have instructed an online conveyancer. I’m fully aware of the disadvantages of using an online firm, but the sale is a very straightforward one with no chain and no mortgage involved, so I thought I would just “risk” it. The conveyancer has just advised me that he has raised some additional enquires to the seller’s solicitor and has charged me for the privilege. My question is: if I know the answers to those “additional enquires” such as whether the property has central heating, is it serviced etc etc… is it reasonable for me to tell my conveyancer that I don’t need those information hence don’t wish to pay for it?
Thanks for any advices in advance.

Depends on the wording of their t@cd, but I agree with GM that they should ask permission to charge more.

Some conveyancers feel the need to ask silly questions which even the Law Society do not agree need asking and are not legal matters.

Problem is, I hear 'it's an easy deal' so many times and they are the opposite. How would you know as you don't do conveyancing?

You took the risk with a cheapo and it's starting to bite. I hope they get the legals right, if they seem fixated about the existence of central heating???

FTBuyerRosie

Many thanks for the advices. I have now emailed them disputing the charges.

I would be happier if they asked me whether I wish to do those chargeable “additional enquires” first; but they just did it then told me a few days later that it has been charged to my account which really annoyed me especially most of those enquires are not necessary.

FTBuyerRosie

Richard_Webster wrote: »

What do their ts & cs say about why they would ask extra questions, and who decides whether they should be asked? If you are a cash buyer then seems to me that if they are charging for them they should only ask them with your express informed consent.

[FONT=&quot]They don't specify it in the T&C: [/FONT][FONT=&quot]
[/FONT]

Additional Enquiries
Until such time as your property transaction is under way it is difficult for us to assess the number of enquiries that we will raise or
receive in relation to your property transaction. In the event that no additional enquiries are raised then no additional charges will
be levied in this respect. In the event that additional enquiries are raised in relation to your property transaction, our fees for
dealing with these additional enquiries will amount to £15 per enquiry, subject to a minimum charge of £50 plus VAT. We will
endeavour to provide you with written or verbal information in relation to any additional costs in this respect as soon as possible
following receipt or request of the additional enquiries.

Yorkie1

Looks a bit like an unfair contract term to me.

For a start it doesn't say how much the additional enquiries are per enquiry (unless you've just omitted that part).
They have a minimum cost once they've decided to make any additional enquiries.

The final sentence in my view is not clear. On one reading, they will tell you about the additional costs after making the enquiries - clearly not acceptable as they then have the power to incur £50 (plus vat) without prior reference to you. Or, another interpretation, is that they will tell you the cost as soon as they've received / you've sent them any enquiries - which implies that any of these additional enquiries must be instigated by you.

Either way, it's just not on and I'd consider a complaint as outlined by others.