Abortive Solicitor fees...

ST1991

Hi All,

Quick question on behalf of a friend of mine:

She pulled out of the purchase of a house very quickly after putting an offer in. A solicitor was instructed and searches was done/paid for. Nothing else was done, as there were ongoing queries between her (the buyer) and the estate agent about the leasehold and the purchase price.

Anyway
She informed the solicitor about not proceeding, and several weeks later the abortive costs arrive in the post charging the full amount.

Is that fair?

yes/no - but opinions and advice welcomed.
FYI the solicitor has not provided a breakdown of the costs yet, and they hadn't started any contract processes or inquiries beyond the searches.

davidmcn

In general I would say no (part of the fee is to reflect the responsibility they're taking on i.e. you can sue them if they make a mess of it, so even pulling out at the last minute ought to attract a discount). But their terms of business ought to make clear the basis on which they would fee for an abortive instruction - do they?

ST1991

davidmcn wrote: »

In general I would say no (part of the fee is to reflect the responsibility they're taking on i.e. you can sue them if they make a mess of it, so even pulling out at the last minute ought to attract a discount). But their terms of business ought to make clear the basis on which they would fee for an abortive instruction - do they?

Thank-you.
I'm actually using the same solicitor as her (and feel bad for recommending them...)

Don't have the t+cs to hand at the moment, so will check them out over the weekend!

stator

When you say "full fee" do you mean the entire 'quote' or 'estimate' that was provided before being engaged? Was it all inclusive of fees or do they charge a fixed amount for the labour and then fees on top of that?
Because no it can't be considered fair to charge for work that was not done, especially things like filling out SDLT forms and Lang Registry work.

ST1991

They haven't given a breakdown yet, just £XYZ is owed. But essentially it is £50 less than the quote that was given from the outset... !

G_M

On the face of it, no - not fair. And certainly worth clarifying.

However it may be that they gave a fixed fee for a complete conveyance, but charge on an hourly basis (usually more expensive) for an incomplete conveyance. That is fair as it reflects the amount of work undertaken.

seems mighty coincidental if the hourly rate fee is exactly what the fixed fee would have been though.....

You'll have to read the contract though.

martindow

Has she abandoned the idea of buying a house altogether?

If she is going to be buying another house in the near future the solicitor may agree waive or reduce the fee if they know there will be work on the way.