No sale No Fee Conveyancer Issue

Kat1e

We used a Conveyancing company that offered a no sale no fee service. Through no fault of ours the sale fell through and I called them to let them know and thought that would be the end of it. Months later they are hounding me to pay over £200 as they say as they applied for land registry details etc before the sale fell through then it’s up to us to pay these fees. I’ve advised them that it was no sale no fee but they are adamant I should pay this. Could anyone advise where we stand legally please?

davidmcn

What exactly is the £200 for? If it's disbursements they've incurred, rather than their own fee, then you (probably) are due to pay. But we can't see the terms of business from here...

G_M

What exactly were the terms of the No Sale No Fee agreement?

In most cases, it means the conveyancer will not charge their fee. But costs they have incurred through disbursements ie charges made by 3rd parties that they paid on your behalf will still be payable by you.

Examples would be
* a fee charged by a local authority, or water company, for a search
* a land registry fee
etc

What exactly is te £200 for?

Thrugelmir

Not a fee. It's a disbursement they've incurred on your behalf. If you don't settle the debt expect to be pursued.

Kat1e

This is what they have written

We have been advised that this transaction is no longer proceeding. Legal Fees are – are not covered under the terms of the (company name) No Completion No Fee Product. The current balance due on closure of this transaction: £286.00 This matter will be reviewed again within three months of the transaction being placed on hold and payment of the outstanding amount will become due at that time unless the transaction proceeds again in the interim. Please note that if you decide to close your case after this three month period, full legal fees will be applied commensurate with the legal work undertaken to date, less the No Completion No Fee Product Cost.

HampshireH

Your best reading the terms and conditions you signed up for when you decided to use then.

The above sounds like you have incurred fees but not their set fee

haras_nosirrah

these things are usually no sale no legal fee (so the solicitors bit) - you would have to pay any disbursements.

Otherwise it is like using a mortgage broker and pulling out and not only expecting the broker to work for nothing but also expecting the broker to pay for your lender valuation so ending up with minus nothing.

G_M

Kat1e wrote: »

This is what they have written

We have been advised that this transaction is no longer proceeding. Legal Fees are – are not covered under the terms of the (company name) No Completion No Fee Product. The current balance due on closure of this transaction: £286.00 This matter will be reviewed again within three months of the transaction being placed on hold and payment of the outstanding amount will become due at that time unless the transaction proceeds again in the interim. Please note that if you decide to close your case after this three month period, full legal fees will be applied commensurate with the legal work undertaken to date, less the No Completion No Fee Product Cost.

You need to tell us which they have crossed out (if either) of:

Legal Fees are – are not covered....

Either under the product legal fees are covered, or they are not.

Which?

If they have failed to specify which (by crossing one option out) then you willneed torefer back to the Product terms you signed originally.

In fact you should do that anyway.

Kat1e

haras_nosirrah wrote: »

these things are usually no sale no legal fee (so the solicitors bit) - you would have to pay any disbursements.

Otherwise it is like using a mortgage broker and pulling out and not only expecting the broker to work for nothing but also expecting the broker to pay for your lender valuation so ending up with minus nothing.

This was a really good way of explaining it. Thank you. I guess we need to pay up.

Kat1e

Thinking about it, we are in rented at the moment and looking to buy a property asap so I suppose I could always try and negotiate with them to waive this charge if we use them for our future conveyancing.

davidmcn

Kat1e wrote: »

Thinking about it, we are in rented at the moment and looking to buy a property asap so I suppose I could always try and negotiate with them to waive this charge if we use them for our future conveyancing.

Think you're still missing the point - if they're disbursements then no, they're not going to be "waived" - it's money they've already paid out of their own pockets to third parties.