Solicitor Changed Contract After Signing!

Mischa8

sho_me_da_money wrote: »

He's stuffed either way.

As per my last post, I just asked if he has a copy of the original contract and neither he nor his wife has it.

Agree with you on the winnings comment - I would have waited until I was in the house before going on spends but I guess a signed contract was good enough for him to go on a spending spree (which is something quite a few people would do to be fair)

Game Over me thinks.

Lessons learned:

1. Take a copy of the contract
2. Appoint your own independent solicitor
3. Dont jump the gun and start spending
4. Solicitors are lying Ba****ds (not all but most)

Your friend is incredibly stupid. The solicitor should supply a copy of the contract - your friend should not have to ASK for it!!! You can get this information about how conveyancing process works through the net.

It is a bit stupid to say that solicitors are lying b*stards when things don't go your way. They would be reported to SRA/Law Society if they blatantly told lies and got away with it. Solicitors at the end of the day are trained professionals with knowledge. If you don't want to use them or want to use a cheaper option (like the big conveyancing shops, which are cheaper) then that's your funeral.

Most people (clients in our offices) get annoyed and accuse people of mistakes because they have not listened to advice from a regulated, qualified solicitor - e.g. when they are TOLD to read a report before buying a house - they don't do this - then they cry AFTER they discover something written in the report.

My advice always would be - in any legal transaction - anything you DO NOT UNDERSTAND - always ask - ring or email. The solicitor is generally more than happy to explain complicated transactions IME.

NormanTooh

Something like this happened to me when I sold my flat, we agreed a price but the contracted price was a few k over what we agreed to (they bought some fitting from me and a few bits and bobs so it was a little complicated). About 2 years later the buyer noticed the mistake so I have him back the money.

I know I could have kept it but I would not feel right.

However I am very surprised that a solicitor would do this

sho_me_da_money

Mischa8 wrote: »

Right - briefly and not necessarily noting the other replies here. I work as a PA for a conveyancing solicitor and here's my take on it.

First off - the solicitor should FIRST have noted their mistake when it came to the extra £6K and no contracts should have been signed by all parties - including developers side. It seems that with this money provided by the developers a mistake was made by someone, and it's critical this mistake was picked up on at the time BEFORE contracts were signed. AT THE TIME contracts are signed buyer/seller/developer is bound to sell at the agreed price, with agreed deposit etc. Generally I would have thought you could amend the £11K figure here, but not 100% sure if you can do that how far down the line after contracts are signed.

re your 2nd para - was this summary of fees ONLY owed to the developer but also Land Registration fees, solicitors fees etc. This would normally be (if not for developer) what we call a Completion Statement e.g. monies needed to complete the transaction, enable your friend to move in etc. and NO this is not a contract, contracts are usually signed as far as I recall before completion statement is issued.

The solicitor was really doing the correct thing as according to what originally agreed the figure WAS £5K and not £11K - hence her crossing through that figure. Hence what I said about someone else other than the solicitor putting down another figure.

But now stupidly your friend has spent this money - stable door closed after horse has bolted. I don't really think the solicitor is to blame here, I think the company who amended the figure (e.g. developer etc) is to blame and the recourse should be with them if anything. as to whether your friend will get anywhere is another story.

The solicitor (as someone else said also in conveyancing here) will probably argue that THEY did not agree the £11K and merely amended that figure on the contract.

Finally, it is also down to your friend to double check the figure - he should have spoken up IMMEDIATELY he saw the increased figure and not just assumed he had extra cash.

First paragraph - yes this is correct

Second paragraph - yes this was a completion statement. Contracts were already signed.

Third paragraph - maybe so but the contracts were signed and binding. The mistake was not crossed off by the developers solicitor, it was crossed out/marked by my friend solicitor. His solicitor made the change after the contracts were signed AND did not communicate this.

Fourth paragraph - irrelevant. That was just a weak side-point I wanted to make. He isnt bothered about the £6-10k he spent.

The top and bottom of this is:

- Contract was agreed and signed
- Mistake was discovered by a solicitor after it was signed
- Amendment was made to the contract without communication
- The only evidence, if you will they have is the pre-reservation form, which is not a legal document.

sho_me_da_money

Mischa8 wrote: »

Your friend is incredibly stupid. The solicitor should supply a copy of the contract - your friend should not have to ASK for it!!! You can get this information about how conveyancing process works through the net.

It is a bit stupid to say that solicitors are lying b*stards when things don't go your way. They would be reported to SRA/Law Society if they blatantly told lies and got away with it. Solicitors at the end of the day are trained professionals with knowledge. If you don't want to use them or want to use a cheaper option (like the big conveyancing shops, which are cheaper) then that's your funeral.

Most people (clients in our offices) get annoyed and accuse people of mistakes because they have not listened to advice from a regulated, qualified solicitor - e.g. when they are TOLD to read a report before buying a house - they don't do this - then they cry AFTER they discover something written in the report.

My advice always would be - in any legal transaction - anything you DO NOT UNDERSTAND - always ask - ring or email. The solicitor is generally more than happy to explain complicated transactions IME.

- Yes he is stupid (kinda) but in other ways he is smart (proof below)

- I did not say they are lying B's because things did not go his way. I am saying the solicitor is saying the contract was crossed off/marked AT THE TIME of agreement, which is not the case AND IS a lie. And yes he/she risks losing a practising license over this.

- This is not advisory issue. Your advice about reading the notes should apply to the solicitors who clearly did not read before agreeing to the £11K.

- An argument can be made that my friend is pretty smart because he actually read the notes and discovered the £6K mistake. He sat back in hope the dumbo solicitors would be stupid enough to not spot their mistake and sign the doc, which they did.

End of the day its simple. A contract was signed and a mistake was discovered later. They have 2 choices:

- Pull out of the purchase altogether as the contract is void, which will cost way in excess of £6K

- Or pay the £6K

It might be wise for them to do the smart thing this time.

jjlandlord

Oh for f... sake!

He spotted the error first but tried to pull a fast one, there was no loss, and now you say he is not even bothered about what he spent.

So what the point of this thread and of you repeating the same thing ad nauseam?

You got plenty of replies, including by a solicitor.

Now if you are convinced that you are right and that you can prove it, tell your friend to go after them.
You do not need to seek approval for random strangers from the interwebs.

sho_me_da_money

jjlandlord wrote: »

Oh for f... sake!

He spotted the error first but tried to pull a fast one, there was no loss, and now you say he is not even bothered about what he spent.

So what the point of this thread and of you repeating the same thing ad nauseam?

You got plenty of replies, including by a solicitor.

Now if you are convinced that you are right and that you can prove it, tell your friend to go after them.
You do not need to seek approval for random strangers from the interwebs.

Oh For F sake.

If you can't be bothered or irritated by the content of this thread then simply ignore it, and dont waste your time posting on it.

You've made your opinion clear now do us both a favour and do 1.

Thanks,

Jamie_Carter

sho_me_da_money wrote: »

Oh For F sake.

If you can't be bothered or irritated by the content of this thread then simply ignore it, and dont waste your time posting on it.

You've made your opinion clear now do us both a favour and do 1.

Thanks,

It seems that all you are doing is going on and on until somebody agrees with your point of view. You have been given free legal advice on here, so accept it.

sho_me_da_money

I accept it. I just dont need someone going on with themselves because I REPLIED to a previous poster.

Jamie_Carter

sho_me_da_money wrote: »

I accept it. I just dont need someone going on with themselves because I REPLIED to a previous poster.

Ok, that's fair enough

jjlandlord

sho_me_da_money wrote: »

I just dont need someone going on with themselves because I REPLIED to a previous poster.

You stopped replying to anything long time ago. Now you are just ranting and repeating your point again and again, thus polluting the list of active threads.

sho_me_da_money wrote: »

I accept it

All is thus said. End of thread.

Thank you.