Complaint against solicitors and house purchase searches

sunflowers123

Hi

I am in the process of putting in a complaint against a solicitors I used to purchase a house, which fell through just before exchange. Their lack of general care and attention was frustrating plus when I asked for them to continue with my house purchase (same house as before) three weeks later (I resold my house) they added an extra £50 plus VAT to their initial quote. Whilst this is not a lot, surely a quote for a job can’t be altered. There would have been no extra reading in time and the same conveyancer was dealing with the job.

As a result I’ve decided to get quotes from other solicitors. They have all quoted for various searches such as environmental, water and chancel which the previous solicitors never carried out. I assume they must not have been compulsory but surely she should have recommended them?

Any help gratefully appreciated!

Thank you.

SmashedAvacado

I dont understand your first paragraph

...but on searches. The lawyers should typically ensure that all usual and necessary searches and enquiries have been carried out. This must include searches which may be appropriate to the particular property, taking into account its locality and other features. My view is that a water search is very much standard.

So whether the other searches identified as missing were needed is a matter of the circumstances of the property. They really ought to have asked you in relation to the environmental search.

davidmcn

SmashedAvacado wrote: »

My view is that a water search is very much standard.

Depends what is meant by a "water search". The minimum would be confirming that the property appears to be adjacent to public water and sewerage pipes. More than that (e.g. confirming exactly where all the pipes in the vicinity of the property are) is optional.

sunflowers123

SmashedAvacado wrote: »

I dont understand your first paragraph.

Sorry, I should make it clearer. I instructed sols to deal with purchase and sale. Quote for purchase was £500 plus vat and disbs. The whole chain collapsed just before exchange. I managed to accept an offer on my house again three weeks later and also secure the original house I was going to purchase. Solicitors then came back and said as a gesture of goodwill they will charge me £550 plus vat and disbs to continue with the purchase.

Re water search, I mean a drainage and water search.

Hope this clarifies and thanks again for the advice.

LadyDee

Having worked for many years in Solicitors offices, I would say you got off very lightly, only being charged £50 + VAT in respect of the new sale. The Solicitors for the new buyers of your house would have been in correspondence with your solicitors, your solicitors would have had to write additional letters, telephone calls, and etc. etc. etc. Solicitors often charge quite a hefty sum for just one letter and it is not their fault that they had to restart the process all over again.

G_M

Do you mean the conveyancing for the 2nd sale was priced at just £50, or that your were re-charged the amount already paid first time round plus another £50?

davidmcn

G_M wrote: »

Do you mean the conveyancing for the 2nd sale was priced at just £50, or that your were re-charged the amount already paid first time round plus another £50?

The OP isn't being very clear, but I presume they just mean it's £50 for the abortive transaction. Which sounds very reasonable.

Tiglet2

I'm not sure what grounds you have to make a complaint. Surely the solicitors are not the reason the purchase fell through so why are they at fault? In respect of searches, if you are purchasing with the aid of a mortgage then the Local search, Water & Drainage and Environmental would be compulsory (as the lender would insist on them). If you are purchasing with cash, then it's your decision whether to obtain searches.

sunflowers123

They quoted me £500 to purchase 1 High St. The purchase collapsed, but then was back on again three weeks later and they changed their quote to £550. Both the seller and purchaser details remain the same, all paperwork complete and it was a case of waiting on a suitable date to exchange. What extra work would they need to do? When I spoke to my new solicitors they agreed that they should not be allowed to do this and should be reported to The Legal ombudsman!

sunflowers123

Tiglet2 wrote: »

I'm not sure what grounds you have to make a complaint. Surely the solicitors are not the reason the purchase fell through so why are they at fault? In respect of searches, if you are purchasing with the aid of a mortgage then the Local search, Water & Drainage and Environmental would be compulsory (as the lender would insist on them). If you are purchasing with cash, then it's your decision whether to obtain searches.

It’s a purchase with a mortgage and the only searches carried out were a coal and local.

Tiglet2

You have a new buyer for your property so your solicitors need to get all the papers back from your previous buyer's solicitor and then amend the contract and transfer and send out all the paperwork to the new solicitor acting for your new buyer. That is extra work and they have quoted you an extra £50 for it. The legal ombudsman would think you were joking if you raised a complaint with them over this.