Solicitor used old searches - is this allowed?

Glover1862

I've just had all the info back from the solicitors after my house purchase, it's basicially all the registration documents, title deeds, seaches, epc etc.

I used a solicitor that was convayencing for a previous buyers but the sale colapsed at the final stage, so seaches would already have been done. I was charged £300 for the searches but looking at the dates they are a few weeks before I even made a offer so could only have been done for the previous buyer, is it right that the solicitor would have charged me and the previous buyer? Environmental, drainage and Local authority all dated before I was even aware of the property.

Now, I'm not too bothered but if it's bad practise than bit naughty of the solicitors to do that.

Cuilean

It's definitely naughty, and I can see why you're miffed. I'm not sure it's illegal. To be fair to them, search information, as long as not much time has passed, probably won't change a lot and will still be accurate.


I was in a chain which collapsed, and my solicitor had done searches on the house I'd intended buying. I fully expected her to charge me for the searches, but she didn't. I don't know if she had insurance to cover her for chains collapsing or something, but I definitely walked away from that purchase having spent nothing.


Have you asked why they're recycling searches? Might be worth very innocently letting them know you've noticed that these searches were from a date prior to you going into the chain, and see what explanation they offer.

Tim_Bisley

It's fairly common when a new buyer is found. You buy the previous buyer's searches and it should save time.

sinizterguy

They should charge you for them - but if it is old searches, they should charge you a lot less than the rate for fresh ones.

EDIt - Just seen the post above.

stator

Well I would certainly ask them where they money went!
If they offered the other buyer money to reuse the searches then fair enough, but I would have expected them to tell you.
If they are reusing them for free then I would expect a refund!

saabay

As long as they are less than six months old at the date of completion then they're fine.


They will (should) have reimbursed the original buyer.

orionmoo

Are the search results not the property of the previous buyer? So the solicitor should ask you to pay up as normal but that should be refunded to the buyer whose purchase fell through.

silvercar

orionmoo wrote: »

Are the search results not the property of the previous buyer? So the solicitor should ask you to pay up as normal but that should be refunded to the buyer whose purchase fell through.

Well they are no use to the previous buyer and were paid for with good intent. So any refund to the buyer would be a bonus to them. I as the new buyer would only be offering half the price.

stator

It's also possible they redid the searches but posted you the wrong ones

Jhoney_2

silvercar wrote: »

Well they are no use to the previous buyer and were paid for with good intent. So any refund to the buyer would be a bonus to them. I as the new buyer would only be offering half the price.

Ditto this. If these are the correctly sent searches e.g they have not conducted new searches/expended any effort for your instruction on property:-

Previous buyer £150 refund, OP £150 charge, solicitor having done 1 set of valid searches for B and OP = £300 charges.

G_M

Surely searches come under the heading of 'disbursements' - items the solicitor has to pay for on your behalf.

If they paid for the searches they can pass on the cost. So logically if they paid the fee back to the original buyes then they (solicitors) incurred a cost getting them on OP's behalf.

If they just happened to already have them in the office (from last time) and recycled them, there was no cost to them so should be no cost to OP.