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no sale no solicitors fee's scam

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was advised by lender that their approved solicitors operate no sale no fee. we had a sale fall through (seller pulled out) and now solicitors want search fee's! they say the fee's are independent!
well "you" the solicitor is the one asking for the fee (regardless if you have to pay it to someone else) and the statement that no solicitors fee's with no sale says to me nothing to pay!
??????????????
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Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Search fees are disbursements not legal costs. As these are paid to a third party.
  • BristolBob
    BristolBob Posts: 98 Forumite
    What do the terms of engagement say about such disbursements?
  • kingstreet
    kingstreet Posts: 39,256 Forumite
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    You can understand why most solicitors request funds to pay for searches up-front can't you!

    If a solicitor requests a search it has to pay for it. Anything between £60 and £250 depending on the local authority concerned.

    So, by offering "no sale no fee" they are foregoing their fees for any work done. Can you really expect them to also pay for things they had to do for you and your mortgage lender and you not reimburse them?
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • amnblog
    amnblog Posts: 12,728 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It's an expensive business trying to use the property purchase system we have here.


    We have an option with our panel solicitors to take insurance that covers all costs if the purchase falls through - including items like search and valuation fees.


    That works well in our experience - but like most things, borrowers do not like paying for it.
    I am a Mortgage Broker

    You should note that this site doesn't check my status as a Mortgage Broker, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • WillyWonga
    WillyWonga Posts: 324 Forumite
    My estate agent offered 0% 12months finance but was only for legal work and not searches which I had to pay up front. Most solicitors always want search fees up front
  • Got on to the vendor after all this crap and they have agreed to pay the fees
  • As I explained it's like turning up to buy a second-hand car, you turn up and wish to test drive it, it's extremely low on petrol but your initial thought is this is the car for me and I will buy it. So you offer to put petrol in it for the test drive and then the sellers says you know what I'm going to keep it! Yeah right you are
  • squeeks
    squeeks Posts: 309 Forumite
    As I explained it's like turning up to buy a second-hand car, you turn up and wish to test drive it, it's extremely low on petrol but your initial thought is this is the car for me and I will buy it. So you offer to put petrol in it for the test drive and then the sellers says you know what I'm going to keep it! Yeah right you are

    A better comparison would be getting an HPI check on the car then the seller withdraws the car from the market. You can't claim the HPI check costs back from the vendor, it is a sunk cost.
  • Landofwood
    Landofwood Posts: 765 Forumite
    If you're this upset about losing the cost of the disbursements, I feel that the house buying process might be a bit too much for you.

    We had three purchases fall through last minute. You should be prepared for worse.

    Next time read the terms of what you're signing up for. Buying a house is serious business.
  • haras_nosirrah
    haras_nosirrah Posts: 2,208 Forumite
    As I explained it's like turning up to buy a second-hand car, you turn up and wish to test drive it, it's extremely low on petrol but your initial thought is this is the car for me and I will buy it. So you offer to put petrol in it for the test drive and then the sellers says you know what I'm going to keep it! Yeah right you are

    in what way is it like this?

    the solicitor has paid out for something that is of no use to them at all. What is the solicitor going to do with the searches for a house a client was buying and now isn't even if it isn't the buyers fault.

    A better example would be someone going to a tailor and wanting a purple and orange spotted trench coat made with frills and in a size 30 (i.e. something that no one else will buy)

    the tailor custom makes the garment and then the buyer phones up and says that they don't want it after all

    linking this to a no win no fee solicitor in the above case the tailor would not want to be paid for his work (no sale no fee) but does want reimbursing for the materials he has spent on making this hideous creation that he has no chance of selling to someone else (the search fees)

    in your example you are saying the solicitor wants to keep the petrol from this car to use for someone else - the searches are useless to them.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
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