We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
Who pays solicitor charge for retention funds when selling leasehold flat?

IAmPeach
Posts: 9 Forumite
Stupid question - but is it the seller or buyer?
I'm selling the flat and the request for retention funds has come from the buyer. I'm happy to leave retention money but don't see that I should have to pay for the service when I know I'd pay my share of the service charges etc.
The solicitor's information was unclear on this and obviously can't clarify until Monday now.
Thanks for your answers in advance
I'm selling the flat and the request for retention funds has come from the buyer. I'm happy to leave retention money but don't see that I should have to pay for the service when I know I'd pay my share of the service charges etc.
The solicitor's information was unclear on this and obviously can't clarify until Monday now.
Thanks for your answers in advance

0
Comments
-
I think the simple answer is that you pay for the work your solicitor does, and the buyer pays for the work his/her solicitor does.
As I understand it, a retention in case of excess service charges is fairly normal when buying/selling a flat.
So my solicitor quotes a fixed fee for a leasehold flat transaction, and dealing with the retention is included in that fee.0 -
I charge extra for dealing with these retentions and advise my seller clients not to agree to them.
Whilst there is some logic behind the practice as it protects a buyer against an excess service charge demand that is wholly or partly related to the seller's period of ownership, what happens if the final service charge turns out to be less than the amount collected on account and the seller should then get a refund?
Will the buyer be prpeared to stump up an extra amount to be held just in case this happens?RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 349.8K Banking & Borrowing
- 252.6K Reduce Debt & Boost Income
- 453K Spending & Discounts
- 242.7K Work, Benefits & Business
- 619.5K Mortgages, Homes & Bills
- 176.4K Life & Family
- 255.6K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 15.1K Coronavirus Support Boards