Can we sue Solicitor?

Ricools

Well we have just returned from a meeting with another solicitor and he seems to think that this is quite straight forward.

The missives were concluded (which in Scotland means a binding contract) and the solicitor gave us the keys (and in front of the seller and even attached them to a keyring with her firms logo on them).

It is totally acceptable to use the same solicitor because we were both existing clients and it was supposed to be a straight forward exchange. It is also normal for the solicitor to carry out checks after the missives have been concluded but what seems to bes our saving grace is the fact that she handed over the keys to us. What would normally happen in a case such as this, would be that the final checks would be carried out prior to entry and if something like this had come up then the solicitor would have been informed us of it and we would be told that we couldn't move in and would have to wither wait until it had all been sorted out or find another place. Because we had actually moved in when all this came to light and we had fufilled our end of the contract, it is very likely that the solicitors professional indemnity insurance will have to cover the costs of transferring the deeds into our name.

Our new solicitor said he is pretty certain that this will work out in our favour but also had to point out that there is a very small chance that it might not. He said to go home with some reassurance and to do whatever people do when they have just moved in to a new house. It sound promising for us but we're keeping our fingers crossed still until it is 100% certain that we are here to say. I will keep you all posted. Again, thanks for all your posts and advice.

DocProc

Phew!

Great to read that. I sincerely hope you don't lose any money and that everything turns out right in the end and that you get full title to the house.

GDB2222

Ricools

So pleased to hear that you have had such positive advice.

Sensible_Jess

Ricools

Reading your posts - it all sounds horrendous :eek: Not what you want after getting into your new home!

I hope that the advice from your 'new' solicitor means that you are get some sleep tonight.

Hope all is resolved soon - please keep us updated!

S-J

AMILLIONDOLLARS

Question

What will the solicitor do with the funds that have been transferred into her account for the completion of the deal? Surely if she sends it back to the building society, Ricools has a problem?

AMD

wastedtalent

AMILLIONDOLLARS wrote: »

Question

What will the solicitor do with the funds that have been transferred into her account for the completion of the deal? Surely if she sends it back to the building society, Ricools has a problem?

AMD

I assume the solicitor will have to transfer these to sources owed on the deeds, and their insurance will have to cover the shortfall?

googler

AMILLIONDOLLARS wrote: »

What will the solicitor do with the funds that have been transferred into her account for the completion of the deal? Surely if she sends it back to the building society, Ricools has a problem?

Armed with the advice from the other solicitor, I feel the OP should be contacting their purchasing solicitor to ensure this doesn't happen.... and that this solicitor ensures that the shortfall is met.

I don't feel the OP can just move in, and wait for their purchasing solicitor to make it all right without some prompting. Otherwise the sol will merely wash their hands of it, and the OP will be in more of a mess than they are now.

AMILLIONDOLLARS

googler wrote: »

Armed with the advice from the other solicitor, I feel the OP should be contacting their purchasing solicitor to ensure this doesn't happen.... and that this solicitor ensures that the shortfall is met.

I don't feel the OP can just move in, and wait for their purchasing solicitor to make it all right without some prompting. Otherwise the sol will merely wash their hands of it, and the OP will be in more of a mess than they are now.

Hopefully this new solicitor is on the ball and has already prevented the refund back to the BS.

AMD

Thrugelmir

AMILLIONDOLLARS wrote: »

Hopefully this new solicitor is on the ball and has already prevented the refund back to the BS.

On what grounds?

googler

AMILLIONDOLLARS wrote: »

Hopefully this new solicitor is on the ball and has already prevented the refund back to the BS.

AMD

I hope so too, but it's not clear from OP's most recent post whether they have merely taken advice from the new solicitor, or if they have instructed the new sol to take some action.....