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Mortgage cashback withheld by solicitor to pay legal fees

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We recently completed on a house sale. Our mortgage included an offer of £250 cashback upon completion, to be paid with the mortgage loan as a lump sum to our solicitors on the day of completion. This amount was sent and is present on our statement of completion, however it appears the cashback has been used to pay the balance of legal fees rather than be transferred to us.
Is this standard practise? We were under the impression that this money would be paid to us directly by the solicitors after completion once all funds were settled. As far as I can see from our past correspondence the solicitors never advised us they would use this cashback amount to offset the balance of their fees.

Comments

  • ACG
    ACG Posts: 24,559 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    The alternative would be solicitor charges you £30 to transfer the money to you and then you pay them back.
    Even without the transfer cost, how does it make sense for them to send you the money and then you send the money back to them? They are now just invoicing you for your bill less the £250 they already have. 
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • dunstonh
    dunstonh Posts: 119,688 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Is this standard practise?

    It happens and it makes sense.

    We were under the impression that this money would be paid to us directly by the solicitors after completion once all funds were settled. 

    Only for you to have to pay it straight back to the solicitor.

    As far as I can see from our past correspondence the solicitors never advised us they would use this cashback amount to offset the balance of their fees.

    There are things you need to be told and there are things you are expected to have enough brain cells to realise it yourself.


    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • This also reads like.... I didn't want to pay my solicitor but now i have to
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 17 August 2020 at 8:11PM
    will_purt said:
    Is this standard practice?
    Yes, of course. If you wanted them to send you £250 at completion so you'd have the warm fuzzy feeling of getting "cashback", then you'd first have to send the solicitors an extra £250 to pay the balance of the fees!
  • kingstreet
    kingstreet Posts: 39,256 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Presumably it was included in the draft completion statement so it was taken into account and you paid the solicitor the balance monies to complete the purchase less £250?
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • D.L
    D.L Posts: 137 Forumite
    100 Posts First Anniversary Name Dropper
    I don't really understand what the issue is. Do you have a strong preference for the solicitor to send you the £250 and then you send it back to them?
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