Can we sue Solicitor?

FireWyrm

So how does your solicitor advise you to proceed? After all, it was her job to make sure this couldnt happen and she has not done so. Basically, if i read this correctly, you dont have a house and your money is AWOL. Not to mention all of the incidental fees and costs associated with actually moving house...this could potentially run into thousands of pounds of costs. The house was sold, you have paid...what happens now?

hallowitch

if you are going to take phone calls regarding this by yourself a trucall or somthing to record your converstions

GDB2222

FireWyrm wrote: »

So how does your solicitor advise you to proceed? After all, it was her job to make sure this couldnt happen and she has not done so. Basically, if i read this correctly, you dont have a house and your money is AWOL. Not to mention all of the incidental fees and costs associated with actually moving house...this could potentially run into thousands of pounds of costs. The house was sold, you have paid...what happens now?

Now, Ricools goes off to another solicitor to sort this out as best possible. My impression is that the 10% deposit has been handed over, but the completion monies were not, so that at least is a blessing.

DocProc

There is no point in suing the vendor. He hasn't any money to pay you with even if you win.

You have been very, very badly represented by this solicitor and are now in the most terrible of situations because of her malfeasance.

I am surprised that you say, "It is our preference to get this mess sorted out without suing anyone. We do not wish to ruin the solicitors career and realise that she is probably feeling just as bad about this as we are."

Damn it!

She is supposed to be a legal professional. As such she is expected to do her job properly for a client and not get them into a mess like this!

And you do not want to sue her because she is "nice". Don't be so stupid!

Get real! She isn't "nice", she is utterly grossly incompetent!

Strip out all the 'mysticisms' (eg, that she hasn't badly represented you because she has been so 'nice') and 'false causes' (eg, you can't sue someone who is 'nice') from this situation and deal with only the realities of it.

I think you definitely need to see another firm of solicitors and take some good advice from them. Fortunately for you, the very bad lady solicitor who "represented you" (hah!!!) will hopefully at least have some legal liability insurance. It is this that might rescue the financial miseries of the situation from your part and even pay your fees to your new solicitor

FireWyrm

GDB2222 wrote: »

Now, Ricools goes off to another solicitor to sort this out as best possible. My impression is that the 10% deposit has been handed over, but the completion monies were not, so that at least is a blessing.

Well, call me naive, but how did Ricols move into the new house which presumably he had keys to if the full balance hadnt changed hands?

If he has paid the balance, missives are complete, then the sale is complete. Surely it's down to the vendor to figure out how they are going to pay their creditors since Ricols has done everything right?

Ricools

The solicitor has the funds from the lender and our deposit which came from the sale of our old property (this closed no problems on Friday). We have been told that she can only hold onto these funds for 7 days before she either has to transfer or send back to the lender and us. We are currently living in the house we were supposed to now own but we don't know how long that will last.

We live in Scotland btw so when the missives complete both parties are bound by the terms.

DocProc

The 10% deposit should NOT have been handed over. That is an error by the lady solicitor.

googler

What 10% deposit?

OP says the solicitor has the full funds for the purchase, part-supplied by the lender, and part from the OP's sale of previous house.

The solicitor can't pay those who need to be paid from the funds they have.

OP, this solicitor has let you down, and let you down badly. You need to forget all aspects of friendliness or compassion with this solicitor, and pursue action through an independent firm from those you've been dealing with up till now.

DocProc

We are currently living in the house we were supposed to now own but we don't know how long that will last.

But obviously, not as legal owners, merely as squatters. Your new solicitor will advise on what to do about this situation. For the moment, it all seems so messy that it looks for the moment that you might not ever be granted proper title to the property. In which case you would never be able to sell it.

However, the mortgage money from your mortgagee (ie. building society or whoever) went to the solicitor to work with and not to you, so she has to responsibly look after it on behalf of that mortagee or return it to them if it's not used.

Edit: Your biggest problem is in getting the [strike]10% deposit [/strike] sale proceeds from sale of original house back and also in finding somewhere to live and which you feel mentally comfortable about.

And most certainly DO NOT PAY THIS LADY ANY FEES WHATSOEVER - if she has the bare brass faced cheek to charge you any!

Ricools

DocProc wrote: »

Your biggest problem is in getting the [strike]10% deposit [/strike] sale proceeds from sale of original house back and also in finding somewhere to live and which you feel mentally comfortable about.

I do not think we will have a problen getting the sale proceeds back from our original house as the solicitor still has these. They did not go to the vendor.

We are not squatting either as the vendor has agreed to let us stay here, out of guilt.