Solicitor Error

Bowes100

Just after some advise on where I stand please.

I sold my house in June and had purchased a new build that was awaiting completion. When I arranged my solicitor I went for a fixed fee, with all the requirements outlined and the cost of the convencing.

I paid for all this up front in June and moved into my new house in September, as I was going on holiday for two weeks prior ro our move I contacted the solicitor to ask was everything going smoothly, key date agreed and payments completed, all answered as yes.

Now we have moved in, yesterday I got a letter so say they had given us the wrong price for the land registry deed transfer and requested another £95 from us.

To say I'm annoyed is an understatement, as if it was a shop and they had given me the wrong price it would be tuff, but because they have my address they have contacted us demanding the money.

Where do I stand legally?

Catti

Its far from ideal, but I suspect that in the small print, all disbursements (which the Land Registry Fee is just one of) would be charged at the appropriate fee at the time due. The fact that it's £95 in this instance makes me wonder if the person giving the quote was not made aware that it was a new build?

Land Registry fees were effectively halved for electronic registrations earlier this year, but new build registrations cannot be done electronically, so the full fee still has to be paid.

Bowes100

The fee has been paid by the solicitor. The solicitor was fully aware the property being purchased was new build as I spoke directly to them before the price was agreed and emailed to me.

lincroft1710

Judging by the number of threads on the subject, solicitors miscalculating disbursement and similar charges seems a frequent occurrence.

If you have underpaid, even if it was their error in quoting you the wrong figure to pay, you should pay up. It is very easy for the solicitor to put a charge on your house if you don't.

Contact them and find out the precise reason for the extra charge.

Bowes100

I have spoken with them already and I advised I wouldn't be paying the extra cost as this is the second time they have come to us for money. The bill was paid in June, its now November and they are still asking for money. Which in my view is wrong.

They have basically quoted us an incorrect price, which mis-leadingly showed them to be cheaper than anyone else. I triple checked in September before we exchanged keys that everything was correct and paid for and they advised it was.

societys_child

if it was a shop and they had given me the wrong price it would be tuff

Mmm, if you were undercharged £95 in a shop, it's likely that the item would have cost considerably more, and as most people would have paid by card for such an item, it probably wouldn't be "tuff" at all as the shop would have some details.

They have basically quoted us an incorrect price

Yes, a mistake, but it's up to you if you want to argue it out with a solicitor . . .

TBagpuss

Make a formal complaint.
Be specific - explain that you picked that firm on the basis of price comparison, that you double/triple checked the figures and that you feel that the excessive delay makes it wholly unreasonable for them to ow seek to pursue this.

Are they actually solicitors, or are they conveyancers? (It may make a difference to how they are regulated)

They should have given you details when they sent your their terms and conditions, of what their complaints process is. You will need to follow that before you can take it further.

If they had come back to you immediately after completion to say that they had charged the wrong LR fee then I think it would have been reasonable to pay it. Given the took almost 6 months to notice,it sounds as though they have sloppy proceedures and have failed to provide a reasonable level of service.

ACG

If you checked this as many times as you are saying you did - I would argue this.

If I make a mistake I take a hit and dont even tell the client because it could reflect badly on me and its my mistake.

Reply in writing and ask them to communicate via email/post going forward on the matter until you resolve the issue.

silvercar

If they refuse to register your ownership with the Land Registry until you pay the missing £95, you have a problem.

Bowes100

TBagpuss wrote: »

Make a formal complaint.
Be specific - explain that you picked that firm on the basis of price comparison, that you double/triple checked the figures and that you feel that the excessive delay makes it wholly unreasonable for them to ow seek to pursue this.

Are they actually solicitors, or are they conveyancers? (It may make a difference to how they are regulated)

They should have given you details when they sent your their terms and conditions, of what their complaints process is. You will need to follow that before you can take it further.

If they had come back to you immediately after completion to say that they had charged the wrong LR fee then I think it would have been reasonable to pay it. Given the took almost 6 months to notice,it sounds as though they have sloppy proceedures and have failed to provide a reasonable level of service.

Thank you - and your quite right, while on holiday we got on email to say we needed to pay them a further £90 for the builders legal fee, I never got the invoice for it but I paid it immediatly as it was fair a reasonable to do so, but if I'm honest I find this wholly unacceptable after the time lapse.

Bowes100

ACG wrote: »

If you checked this as many times as you are saying you did - I would argue this.

If I make a mistake I take a hit and dont even tell the client because it could reflect badly on me and its my mistake.

Reply in writing and ask them to communicate via email/post going forward on the matter until you resolve the issue.

Thank you for the reply. Yet to hear back from the solicitors, so if they respond I will follow up in a letter.