Can we sue Solicitor?

kk20

It seems to me that the original solicitor was trying to pull a fast one. She decided to check adequate funding after missives and more importantly after keys had changed hands (it was my impression the OP was in the house *before* the solicitor informed them that the deal had fallen though). Keys changing hands shows completion of contract with missives signed, the vendor letting them "keep" the keys would be irrelevent IMHO but at least stopped the OP giving the keys back i.e. *agreeing* with the original solicitor.

This seems to have been echoed by the new solicitor. As I see it the sale was complete and the incumbent debtors will need to simply take the money that was made available and sue either the solicitor or the seller. The new solicitor will probably settle with the original solicitor for a set amount so at least the OP wont need to pay fees at all

All will work out for you im sure.

ruggedtoast

Only 144 pages to go!

Ulfar

In England and Wales it is absolutely incumbent upon the solicitor to make sure their client is able to complete the contract, I know Scotland is different but surely the same must apply.

I know when I bought my current house I had to prove I had the funds prior to exchange, I also had to hand over my deposit at that time. The full funds had to be with the solicitor prior to completion day.

Inhibitions for Scotland may have a different name than a Charge in England but functionally they serve the same purpose and I assume are one of the things a solicitor must check for before missives are concluded.

The vendor's solicitor did not do this , this is not lax or lazy but incompetent. It is the solicitor's problem which has been compounded by them handing over the keys. As far as the OP was concerned the contract was done.

This will be a case for the solicitors liability insurance to pay out, even if they have to pay the full cost of the house plus anything extra to clear the inhibitions.