Advice Needed: Post Completion: Solicitor issues

Jareth

Hello all,

I hope you can help. I've recently moved into a new build property with my partner, we're first time buyers.

We have had nothing but grief from our solicitors and currently going through a complaint with them. Not sure if I can name them on here? (Not keeping us informed, not informing us of any additional costs etc.

Last week we received an email from our solicitors which had an attached email from the agents solicitors, the email stated that there was an error and they had given us an incentive by accident and that this money: £250, would need to be returned to them within two weeks.

We checked all out financial statements and there was nothing on there to suggest we had been given this. We attached our statement to our solicitor to show this, assuring them there has clearly been a mistake. They then came back with the agents statement which showed it was given to us. However we would have never have seen this statement if this hadn't have happened so we wouldn't have been able to say we should or shouldn't have this.

We then took it up with the agent, who have admitted its their error(we have this in writing) and as a good will gesture they will Take £15 off and that we have the pay the rest within 2 weeks time.

Surely if it's their error we shouldn't have to pay it back ?! We were unaware until right after moving in and had no control over it or time to respond and correct the issue.

Hope anyone can help, all appreciated.

Many Thanks,
Jareth

AnotherJoe

I'm confused as to who gave you this incentive.
The builders ?
The builders solicitors ?
The estate agents ?
Your solicitors?

G_M

I'm also confused, but no matter:

If you were given, in error, an incentive to which you were not entitled, then you need to return it.

It matters not whose mistake it was.

If they've made a good-will geture, then thank them.

If the error were the other way around (ie you had paid too much) you would be expecting them to refund you I'm sure.

Cakeguts

Did you use the solicitors that were connected to the agents?

AnotherJoe

I disagree with G_M re if the incentive was wrongly given you have to pay it back. It depends who gave it.

If for example the builders mistakenly gave you £250, that was in the contract you agreed with them. Had they not given it you may have negotiated them down £250 or not bought.

OTOH if your solicitors accidentally knocked £250 of fthe final bill then you should pay it.

Jareth

Thanks for the fast responses everyone.

So I received an email from our solicitor forwarding an email from the developers solicitor. Our solicitor was simply forwarding the email received.

The developers solicitor is stating they had wrongly applied an incentive of £250 and that we would need to pay this back. We disagreed as there was no incentive on our financial statement and attached this for them to see. They then sent us their own 'Final' statement, which we had never seen before which showed the £250 incentive. Bare in mind we would never have seen this if there were no issue, so would be unable to say whether this should or shouldn't have been applied.

Surely our financial statement is the one that stands and there has been some sort of communication issue between the solicitors and the developers. They have also admitted that this was in fact their error and now we feel we are to suffer for their blatant error.

I've sought advice from a couple of solicitors and there are many different conflicting advice. Some say due to the sale being completed it should now be a done deal, some say not. I just want to find out where I stand. £250 is a lot of money to us, especially after moving as many of you i'm sure can agree.

I hope this helps.

Thanks again.

AnotherJoe

So it was a discount from the developer that was wrongly given to you??? Is that correct ?

I would say that you agreed the price with the developer and they entered into a contract with you, it's done deal, tough luck.

davidmcn

Sorry, it's still a bit vague, and we don't know the status of the various statements you're talking about. What does your contract say?

-taff

As I understand it,the Deopment solicitors say it's been applied to the OPs bill.
They say they haven't had it applied to their bill
So the builders solicitors has pocketed this money somewhere and is attempting to get the OP to pay back 250 that they never received.
Correct?

Thrugelmir

Jareth wrote: »

Thanks for the fast responses everyone.

So I received an email from our solicitor forwarding an email from the developers solicitor. Our solicitor was simply forwarding the email received.

The developers solicitor is stating they had wrongly applied an incentive of £250 and that we would need to pay this back. We disagreed as there was no incentive on our financial statement and attached this for them to see. They then sent us their own 'Final' statement, which we had never seen before which showed the £250 incentive. Bare in mind we would never have seen this if there were no issue, so would be unable to say whether this should or shouldn't have been applied.

Surely our financial statement is the one that stands and there has been some sort of communication issue between the solicitors and the developers. They have also admitted that this was in fact their error and now we feel we are to suffer for their blatant error.

I've sought advice from a couple of solicitors and there are many different conflicting advice. Some say due to the sale being completed it should now be a done deal, some say not. I just want to find out where I stand. £250 is a lot of money to us, especially after moving as many of you i'm sure can agree.

I hope this helps.

Thanks again.

Mistakes happen. That's a fact of life. I'm yet to meet anyone that's perfect in performing their daily work. Solicitors won't simply write off monies owing because people complain. Not the people to cross either. As they know exactly how to recover the debt. Suggest you send 5 post dated cheques for £47 in settlement.

Red-Squirrel_2

I'm not quite clear here, did you actually physically receive the £250? Have you spent it?