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Do I have a case against my solicitors when I brought?

itsnothing
itsnothing Posts: 115 Forumite
edited 10 May 2013 at 4:59PM in House buying, renting & selling
Hi all,

Really hope someone can shed some light on the situation.

I brought my current apartment around twelve months ago, now relocating due to work and the house sale is going through (should of exchanged and completed today! Didn't happen!)

When I originally brought this apartment and sold my old one I complained about the sale and was compensated in my favour due to the solicitors !!!! ups however they told me everything on the purchase was fine with no issues.

The following things have come up during the sale which I never had and never had been completed:

Shareholding in the management company - This was never transferred to me. Meaning a cost of £160 to me for transferring it to my name and a new certificate.

Section 106 agreements - This has come up in the sale meaning I needed to pay for 7 different sections of the agreement from my local council with plans at a cost of £30 for each section

Final building control certificate - never had when I brought and have just had to pay £120 for

I'm failing to understand how I could of brought the property with none of the above done, when now I come to sell it, it's required? If this was picked up originally when I brought it the sellers should of passed these details on, they never did, it's now been 'lost'.

I requested my file to be take from archive 8 weeks ago, it's just been found this week. None of this data is there and none of it was ever requested.

My questions is do I have grounds to complain about this? The additional costs soon add up, and if it was done correctly in the first place it wouldn't be an issue. Perhaps that's my fault, but when I brought the place I trusted my solicitor!

Really would appreciate some help, guidance or knowledge on this! Would I have grounds to complain to the original solicitors of the purchase and ask them to compensate me?

And keep your fingers crossed for me that I exchange and complete on Monday!


Thank you in advance.

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I'm not an expert but...
    itsnothing wrote: »
    Hi all,


    Shareholding in the management company - This was never transferred to me. Meaning a cost of £160 to me for transferring it to my name and a new certificate.
    get out your Completion Statement from your purchase. Did you pay for the transfer? If yes, and it was not done, then clearly you have a case. If no, well, you'd have had to pay for this at somepoint. You'e paying/Transferring now instead of back then.

    (note- how come you didn't realise earlier? Have you not been participating the the MC? Or receiving minutes etc?)

    Section 106 agreements - This has come up in the sale meaning I needed to pay for 7 different sections of the agreement from my local council with plans at a cost of £30 for each section
    Not sure why you have to pay these. S106s are between council and developer? How do they apply to you?

    Final building control certificate - never had when I brought and have just had to pay £120 for
    As above- did you pay for this but not receive it?
    Or not pay, so are paying now?

    .... None of this data is there and none of it was ever requested.
    If you never requested these documents that might explain why they were not provided.....

    My questions is do I have grounds to complain about this? The additional costs soon add up, and if it was done correctly in the first place it wouldn't be an issue. Perhaps that's my fault, but when I brought the place I trusted my solicitor!
    Unless you actually paid for these at the time, you've actually benefitted. By having that extra cash in your bank for an extra 12 months!

    Really would appreciate some help, guidance or knowledge on this! Would I have grounds to complain to the original solicitors of the purchase and ask them to compensate me?

    And keep your fingers crossed for me that I exchange and complete on Monday!


    Thank you in advance.
    ...............................:T
  • Cissi
    Cissi Posts: 1,131 Forumite
    I'm not an expert, but G_M gives some good advice as usual! Sounds like most of these costs are fees which you would have incurred anyway, at one time or another. Check that you weren't charged for them at the time of the purchase - if so, then you may have a legal case to reclaim them as you didn't get the service.

    I do think that you were poorly advised at the time of the purchase as our solicitor (who has acted for us for 16 years now, through a number of house purchases and sales) wouldn't have let these things slip. But I doubt you have a case for compensation as it doesn't sound as if you've actually lost anything (other than the possibility of pulling out of the purchase over these minor fees, but that's purely theoretical).

    Finally, I'm not normally a grammar Nazi, but please! You presumably didn't "bring" the house anywhere but you BOUGHT it, and it's "should HAVE", not "should of". Makes your post hard to read, that's all. I nearly didn't click on it in the first place because of the title as I knew it would be hard work to decipher...
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    Cissi wrote: »
    Finally, I'm not normally a grammar Nazi, but please! You presumably didn't "bring" the house anywhere but you BOUGHT it, and it's "should HAVE", not "should of". Makes your post hard to read, that's all. I nearly didn't click on it in the first place because of the title as I knew it would be hard work to decipher...
    Thanks for the clarification. I was wondering how did they bring their apartment and what happened to the building they brought it from. Did it collapse when they took it out?
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • Cissi
    Cissi Posts: 1,131 Forumite
    ValHaller wrote: »
    Thanks for the clarification. I was wondering how did they bring their apartment and what happened to the building they brought it from. Did it collapse when they took it out?

    Apparently not: looks like the building itself is now also being sold:
    itsnothing wrote: »
    I brought my current apartment around twelve months ago, now relocating due to work and the house sale is going through (should of exchanged and completed today! Didn't happen!)

    (OP, not being gratuitously facetious but your post really was hard to figure out and I suspect you'd get more useful replies if it was more concise).
  • InsertWittyName
    InsertWittyName Posts: 1,073 Forumite
    Debt-free and Proud!
    itsnothing wrote: »
    Hi all,

    Really hope someone can shed some light on the situation.

    I brought my current apartment around twelve months ago, now relocating due to work and the house sale is going through (should of exchanged and completed today! Didn't happen!)

    When I originally brought this apartment and sold my old one I complained about the sale and was compensated in my favour due to the solicitors !!!! ups however they told me everything on the purchase was fine with no issues.

    The following things have come up during the sale which I never had and never had been completed:

    Shareholding in the management company - This was never transferred to me. Meaning a cost of £160 to me for transferring it to my name and a new certificate.

    Section 106 agreements - This has come up in the sale meaning I needed to pay for 7 different sections of the agreement from my local council with plans at a cost of £30 for each section

    Final building control certificate - never had when I brought and have just had to pay £120 for

    I'm failing to understand how I could of brought the property with none of the above done, when now I come to sell it, it's required? If this was picked up originally when I brought it the sellers should of passed these details on, they never did, it's now been 'lost'.

    I requested my file to be take from archive 8 weeks ago, it's just been found this week. None of this data is there and none of it was ever requested.

    My questions is do I have grounds to complain about this? The additional costs soon add up, and if it was done correctly in the first place it wouldn't be an issue. Perhaps that's my fault, but when I brought the place I trusted my solicitor!

    Really would appreciate some help, guidance or knowledge on this! Would I have grounds to complain to the original solicitors of the purchase and ask them to compensate me?

    And keep your fingers crossed for me that I exchange and complete on Monday!


    Thank you in advance.

    Everytime you say brought instead of bought, a kitten dies.

    Just saying :D
    I was a DFW, now I'm a MFW :T
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Everytime you say brought instead of bought, a kitten dies.

    You !!!!!!!! My kitten is dead this morning and the hamster looks ill. :mad:
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