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who pays fee for solicitors enquiries
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bnorth
Posts: 83 Forumite
I am selling my mothers house which is in a private road so the arrangement is all residents have a share in a mangement company which is responsible for the upkeep of the road itself.
Our solicitor tells me that the buyers solicitor has raised enquiries of the management company for which this company is charging a free of £102 and so can I supply a cheque for this amount.
Is it the responsibility of the vendor to pay fees that are incurred through enquiries made by the buyers solicitor ? Would not this managment company immediately have requested the fee from the buyer since it is their request ?
Also do I have a legal right to know what the questions are or what the responses are since I am paying for this product ? it may be useful if this sale falls through and a future buyer has similar questions.
many thanks in advance
Our solicitor tells me that the buyers solicitor has raised enquiries of the management company for which this company is charging a free of £102 and so can I supply a cheque for this amount.
Is it the responsibility of the vendor to pay fees that are incurred through enquiries made by the buyers solicitor ? Would not this managment company immediately have requested the fee from the buyer since it is their request ?
Also do I have a legal right to know what the questions are or what the responses are since I am paying for this product ? it may be useful if this sale falls through and a future buyer has similar questions.
many thanks in advance
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Comments
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I believe you would have to pay but the reports/answers to the question should be raised through your solicitor & retired to your solicitor. It is then for ur solicitor to pass it on. Therefore u keep the response in case the sale falls through.0
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Legally the seller is making the queries, they are contracted to the management company the buyer is not so the seller pays. Yes the seller can find out the questions by asking their solicitor, but they will be standard and boring. What rights you have depends if you have power of attorney or executorship.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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many thanks to you both, that is helpful to know
and congrats to Cara and partner it would appear
hope it all goes well0 -
Thank you sorry I keep meaning to change my signature just not got round to it.
Sorry for typos above too - on my phone!0 -
While I agree over the legal relationships, it is the buyer who requires the information so I would say that the buyer should pay. Are you applying the procedures for leasehold enquiries to a management company here?Legally the seller is making the queries, they are contracted to the management company the buyer is not so the seller pays. Yes the seller can find out the questions by asking their solicitor, but they will be standard and boring. What rights you have depends if you have power of attorney or executorship.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Quote:
Originally Posted by Fire Fox
Legally the seller is making the queries, they are contracted to the management company the buyer is not so the seller pays. Yes the seller can find out the questions by asking their solicitor, but they will be standard and boring. What rights you have depends if you have power of attorney or executorship.
While I agree over the legal relationships, it is the buyer who requires the information so I would say that the buyer should pay. Are you applying the procedures for leasehold enquiries to a management company here?
There is no difference in principle between this situation and leasehold management company enquiries.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 post is to push down the football spam plaguing this forum:exclamatiScams - Shared Equity, Shared Ownership, Newbuy, Firstbuy and Help to Buy.
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