Leasehold variation recovering solicitor costs

eshroom

I purchased a flat just over 3 years ago and completed on the sale of said flat last month.

During the sales process it came to light that the lease needed to be varied - it wasn't solicitors being pedantic as is sometimes the case, the plan colourings did not match the description in the lease so it was not clear what was and wasn't demised to the flat and what was constituted common areas and the building. Very sloppy.

When I bought the flat, this was not spotted by my solicitors. I told them I wanted compensation and they offered me £250.

I wrote back and said that the costs I incurred were £1,546 and because I don't feel they did their job properly, a fact that also resulted on my sale being delayed by over 2 months, I wanted the full sum plus all the fees I paid them refunded (their fees were about £700).

They then offered me £750, half my costs and a third of what I asked for.

Can someone advise as to whether I should push to get either a) my full additional costs or b) costs plus the fees I paid them or c) take their offer?

I am prepared to take to the SRA if necessary and if I am very likely to be successful.

Thanks for any advice!

davidmcn

My initial feeling is that it's not reasonable to demand a full refund if they only failed to do part of their job properly.

Also an argument that had they spotted the issue when you bought, then that would have resulted in additional legal costs/delays to sort it out then, or abortive costs if you went elsewhere instead.

eshroom

Thanks for the reply David. Would it be more reasonable then to just ask for the cost I incurred to be reimbursed and not ask for their conveyancing fee to be returned?

alchemist.1

I would ask for the £1546 i.e. the cost of the lease being varied on the basis that you would have requested the seller to bear the cost of the same before your bought the property.

Have you provided them with a copy of invoice the detailing the cost? If not do so.

eshroom

alchemist.1 wrote: »

I would ask for the £1546 i.e. the cost of the lease being varied on the basis that you would have requested the seller to bear the cost of the same before your bought the property.

Have you provided them with a copy of invoice the detailing the cost? If not do so.

Thanks. I have now provided them with all invoices and requested they cover the £1546 but not refund their fees.

eshroom

By way of an update, I have been offered a "good will" gesture of £1,250 - £296 short of the cost incurred to me.

Would members of this forum push further? Conveyancing solicitors have agreed a variation was definitely needed, implying they should have noticed this at the time I purchased the property.

I had already asked for the full £1,546 and let them know that if they could not meet this, I would push for the full £1,546 plus their fee should I have to defer to the SRA.

Brown_Eyed_Girl

I think you need to weigh up whether the hassle is worth another £296. Also that it's possible that there could have been some costs incurred at the time - some sellers won't absorb the full cost.

It's likely that it wont take long for the cost of the property to increase so that it is covered, and you have peace of mind knowing that issue isn't going to pop up when you sell.