Seller's solicitor after more money 6 months after completion

Superclarkkent

Hi All,
I completed the purchase of a leasehold flat in November 2017. Seller's solicitor prepared the completion statement, which was checked by my solicitor and passed to me. I settled the completion statement in full.


It has since come to light that there was a credit left on the service charge account. Not a phenomenal amount but not an amount that I have to hand without a bit of planning ahead. I found out about this through my solicitor emailing me and asking for the money.


I queried this with them asking why I was being asked for this now as the purchase was completed months ago. I heard nothing back and had the same email request a few weeks later to which I responded in the same manner - ie why am I being asked for this money so long after completion.


I've now (after the third of these emails) had a snotty response from my solicitor which finally makes clear that it was an error on the seller's solicitor's part but that in their view this does not waive me of liability for the amount - and my solicitor has even gone so far as to say that due to the number of emails they've (my solicitor) sent me on the matter they will consider billing me their hourly rate. Despite me not asking them to email me and the reason for the multiple emails being that they didn't answer my question to their first email.


I'm not worried about that last point as I'm going to ask them to cease emailing me, however am I in any way required to reimburse the seller for this credit seeing as it was a mistake from their side? Surely if anyone is liable it would be their solicitor for missng this off the completion statement?


Thanks in advance and if any more detail is needed to help clarify please let me know.

ToasterScheme

If I read it correctly, you won't finish up out of pocket, because the credit on the service charge account will now become yours. You'll effectively be getting ahead on charges that you will eventually owe.

You may, of course, not want to be in credit on the service charge account - that's a different question. I guess the only other way of solving it is for your seller to get whoever holds "his" credit to return it directly to him so that you don't need to be involved.

But he's probably tried that already and got nowhere, so coming to you to buy it off him.

[Deleted User]

Superclarkkent wrote: »

I'm not worried about that last point as I'm going to ask them to cease emailing me, however am I in any way required to reimburse the seller for this credit seeing as it was a mistake from their side?

Yes.

Settle it soon to avoid any additional charges.

dunroving

I don't know what the legal situation is, but often wonder in these situations why the client (you) doesn't just pick up the phone? Much more personal and personable, often takes less time, and as long as you get to speak to a person, no multiple-day wait for a response.

Email is advantageous in that you have a written record of who said what to whom, but a notepad can be used to record key information, and if you want, you can always send a follow--up email summarising key points, actions, etc. Your solicitor doesn't have to reply (as long as you don't include a series of aditional questions), and you have your written record.

Email is becoming a curse on normal communications, IMO, most importantly in that it seems to give people a license to say things in writing that they wouldn't say in person.

[Mind you, I think written legalese can come across as "snotty", simply because it often is brief ("curt"), to the point ("abrupt"), factual ("unsympathetic"), etc. The same person expressing the same information in person often is perfectly pleasant. ]

eddddy

Superclarkkent wrote: »

...however am I in any way required to reimburse the seller for this credit seeing as it was a mistake from their side? Surely if anyone is liable it would be their solicitor for missng this off the completion statement?

If the contract you signed said that you would reimburse the seller for this credit (or an equivalent form of words), then you have to do so.

If you doubt that the contract says that, or you doubt that there was a credit on the account, then you can dispute it with the seller.

But your solicitor is suggesting that it was a mistake by the selling solicitor - so I guess they've had a look at the contract before concluding that. So you should pay the amount.


(Had the seller's solicitor made a mistake and caused you to pay too much, you would expect a refund. Unfortunately, it works both ways.)

Superclarkkent

Thanks all.