Solicitor documents riddled with errors - reduced fees?

Tom0

I appointed a local solicitor - far from the cheapest when compared to online quotes and have some issues with them. Whilst they respond to me promptly, they have done a very poor job with the paper work.

The short of it is, they have clearly worked on another apartment in the block in the last couple of months and in the lease document they sent through it has details of the other persons lease, their mortgage provider, their deposit, and their flat number. The only thing that they have changed is who the letter is addressed to. When looking at the search they completed for me, the search date is prior to me even viewing the flat so is definitely not mine and was done for the other person.

Whilst I am happy (and think it makes sense) to reuse the information, I don't want to be paying full price for it and lining their pockets if they aren't doing any work. Given I am a first time buyer, the extra confusion of having different deposit amounts/details is not ideal.

As far as I can see, they have just copy pasted someone elses information. If I hadn't checked it thoroughly I would have been signing up to buy the wrong flat number!

Do you think I am in a position to ask for a discount on my fees given how unprofessional they have been? How much should I ask, and am I likely to get it!?

I am a first time buyer so was looking for them to guide me as much as possible - instead they have added to the confusion of the whole process.

Fire_Fox

You don't want the same information reused unless they have also done an up to date search which costs extra, nor do you want a discount instead of accurate contracts. Maybe it's a printing or photocopying error - the admin assistant opened the wrong file and didn't check the details carefully - send them an e-mail or letter expressing your disappointment and asking then to rectify all their errors before you proceed. They are within their rights to charge you full price for your conveyancing even if they have worked on another apartment in the same block, that is the luck of the draw.

pararct

Insist they correct the document, check carefully on completion and proceed as normal from there.

Tom0

Fire_Fox wrote: »

You don't want the same information reused unless they have also done an up to date search which costs extra, nor do you want a discount instead of accurate contracts. Maybe it's a printing or photocopying error - the admin assistant opened the wrong file and didn't check the details carefully - send them an e-mail or letter expressing your disappointment and asking then to rectify all their errors before you proceed. They are within their rights to charge you full price for your conveyancing even if they have worked on another apartment in the same block, that is the luck of the draw.

Surely they can't charge full price if the service is not up to standard though? You wouldn't pay full price for a meal if you weren't served what you asked for/they agreed to do first time. I guess if you don't ask you don't get. It doesn't sound like it is common for them to drop fees though!

The search is only a month and a bit out of date so can't see how it could change.

Thanks for the replies.

PasturesNew

Top tip: solicitors don't guide you through the process.... they do the work that's required. It's up to you to check (as you have done, thank goodness) that their documentation is correct.

Generally they don't make mistakes.... but, clearly, sometimes they do.

Don't expect to be 'guided' by them on any part of the process though - they expect you to know what's what.

Good luck ... it can get hairier than them making copy/paste/print/send mistakes

Fire_Fox

Tom0 wrote: »

Surely they can't charge full price if the service is not up to standard though? You wouldn't pay full price for a meal if you weren't served what you asked for/they agreed to do first time. I guess if you don't ask you don't get. It doesn't sound like it is common for them to drop fees though!

The search is only a month and a bit out of date so can't see how it could change.

Thanks for the replies.

As I said "You don't want the same information reused unless they have also done an up to date search which costs extra, nor do you want a discount instead of accurate contracts." Planning permissions are submitted every week, searches can be updated during the same transaction, especially if it drags on somewhat.

You are effectively seeking compensation, can you demonstrate any losses or significant effect on your overall experience? You are less than a month in, expect far greater stresses than this. In your meal example you would end up eating at a completely different time to your dining companion, or missing the event you were attending afterwards, it would have a significant effect on your overall experience.

IMO responding to you promptly is as important as perfect paperwork every time. Don't underestimate the value of this, many a sale falls through because one parties solicitor is slow and the buyer/ vendor does not chivvy. I certainly would not expect them to make any further mistakes, however, and I would expect an apology.

zzzLazyDaisy

Tom0 wrote: »

The search is only a month and a bit out of date so can't see how it could change.

Are you buying the flat with a mortgage? In that case it is not your call, the lender will require up-to-date searches to be carried out for YOUR flat.

Some secretary has opened the wrong file on the computer and sent out that paperwork to you instead of your the paperwork for YOUR flat. It is not ideal, of course it's not, but you are dealing with human beings and mistakes happen.

Send the paperwork back with a note pointing out that they have forwarded the documents relating to another clients purchase by mistake, and asking them to forward the correct documents by return of post.

Richard_Webster

The very first thing to do is to get on to the solicitor in question and tell him what you have said on this forum. It is all very interesting for all of us to speculate about what may or may not have happened.

If you explain, he will probably apologise.

Next issue is whether you have actually suffered any detriment. Possibly the searches have been done but the secretary was looking at the wrong file.

Also very easy to do a report by copying from another similar property because a lot of the material will be the same. However it does need to be altered to deal with your specific case.

I have a similar case at the moment. I have a client buying a house on local 1990s estate which I have dealt with many times so I have standard explanatory wording. My report is almost ready to go to the client. However the seller's solicitors have not sent me a copy of an important document I know what it will probably say because I've dealt with the estate before, but until I see it I cannot safely send the report to the client just in case this one is different.

Obviously there is a general cause for concern about sloppiness and when it happens solicitors should apologise. A fee reduction may be appropriate - but be realistic about your real losses and don't take advantage of the solicitor's mistake.