Conveyancer - "no sale no fee", but held to ransom

Jamp

I engaged a lawyer to handle selling my flat and they quoted on a no sale no fee basis. Sadly the sale fell through, exacerbated by said lawyer's poor communications. I had lost confidence in the lawyer so wanted to take my business elsewhere for a new sale, so deinstructed the old lawyer, safe in the knowledge it was "no sale no fee". They decided they wanted an "abortive fee" and would not release my documents until this was paid. The lawyer said a partner would have to handle my complaint and I could pay under protest to retrieve my documents in the mean time. Since I need the documents for a new sale and they were holding them to ransom, I paid under protest (and wrote to them making this clear) to retrieve the documents. I have threatened to take them to the legal ombudsman over their false advertising and their conduct, and requested a copy of the file as evidence for the ombudsman. I said I would give them 7 days to refund me or I would take action. I paid the abortive fee using credit card, and my deposit was a cheque.

2 weeks have now passed and all I've had is a brief email saying a director of the firm will look at the matter. I'm inclined to now report the matter to my credit card provider to have the transaction marked as disputed, then give them another week or so before I do go to the ombudsman. Any other recommended courses of action?

tomtontom

You need to refer to the terms of your agreement. It may be that you are in breach of contract because you are still selling. Did you give them chance to remedy your complaint before instructing another solicitor?

bris

Did the no sale no fee agreement come with T&C's? if not you have nothing to worry about, if so what do they say regarding abortive fees.


There may be something in the contract that mentions giving them more than one chance to sell the property.


Sales fall through all the time, very rarely because of the conveyancer.

unholyangel

What did the contract you signed state with regards to termination/cancellation of services?

I'd expect a clause in there stating if you terminate the offer before a sale is made, you may be liable for the fee they have charged you.