Sale fallen through - conveyancer charging me fees!

G_M

The fact that both buyer and seller used the same conveyancing firm is irrelevant. Law Society rules do not allow both parties to use the same conveyancer. They allow them to use the same firm, provided there is a clear firewall between the two conveyancers - ie they act completely independantly of each other, as if working for different firms. That is the only way to avoid a conflict of interest.

The reason for the sale falling through is aloso irrelevant. It could have been the buyer's mortgage was refused, a search problem, the buyer just changed their mind, or, indeed, the buyer's conveyancer was slow, inefficient whatever.

Whatever the reason, the seller's solicitor did professional work, with (apparantly) no indication of errors, so therefore he should be paid.

Had the seller agreed a no sale no fee contract, that would have been different.

As for the 'free conveyancing' offer, one would have to see the exact terms of the offer, but I'm willing to bet it was conditional on the sale completing. Apart from anything else, why would the seller have been offered 'no sale no fee' if the conveyancing was free come what may???? :huh:

OP - the sale collapsed through no fault of your conveyancer, so why should he fail to be paid for work he has done?

davidmcn

TolsBols wrote: »

am I within my rights to ask the conveyancer to forward me the actual e-mail the buyer sent his rep confirming he was pulling out?

If your conveyancer has a copy of that email, yes.

TolsBols

Just to update all on the outcome and closure of this issue - I found another buyer for my property who offered a grand more than the previous one. The conveyancer offered abortive fee cover once again as per the original terms and this time, I took it up! The sale went through, so effectively the higher offer covered the wasted solicitor fees from the first time round. Nevertheless, it's still upsetting to have lost all that money. I would advise anyone to take out abortive fee cover for the sale of a property every time!