Is my solicitor taking advantage of the situation?

Angioino

I am first time buyer so all this is a complete new process for me. I have used a recommended solicitor to handle our case. Initially the fees were agreed at 1475£ + VAT (with possibility of increase if the case resulted complicated). During the process my solicitor highlighted the need for a deed of variation on the lease and due to the chain in place, they agreed with seller's solicitor to work on this after completion in order to not delay further the exchange. They also agreed to have the seller paying for the process, and they are charging them the price of 1475£ + VAT. 
Recently my solicitor has asked me to raise their fees to 1975£ + VAT due to the amount of work that required handling the case. 
Now I think raising our fees as well as taking another full fee just for the deed of variations is very cheeky from their side and I feel they are taking advantage of the situation. 
I have highlighted this with them and asked to maintain our fee at the initial price but they don't want to consider the allowance for legal costs from the seller side into my financial statement. 
What would you do in a situation like this? 

tacpot12

Was the price initially mentioned a quote or an estimate? If it was a quote, the first price shouldn’t change. If it was an estimate it can be increased. 

greatcrested

You agreed "the fees were agreed at 1475£ + VAT (with possibility of increase if the case resulted complicated). "

The case has now proved to be more complicated due to the deed of variation on the lease, hence the solicitor is justified in charging extra for thi.

However from what you say, he is charging the seller for this extra work, therefore is not justified in charging you extra as well.

Unless of course there is also some other additional and unexpected work.

I would not agree to the additional charge unless osme other justification for it is provided.

Having said that, getting into a dispute with your solicitor over fees mid-conveyance is never wise, especially as the solicitor might refuse to Complete with it being resolved and their fees being paid.

If possible, I would therefore neither agree nor dispute the extra fee (yes, a difficult path to tread!).

Once you have Completed, you can dispute the fee via their formal complaints process, but till then try not to rock the boat.......

Angioino

tacpot12 said:

Was the price initially mentioned a quote or an estimate? If it was a quote, the first price shouldn’t change. If it was an estimate it can be increased. 

Yes it was an estimation and it was mentioned it could get higher if the case required it. 

Thrugelmir

Your solicitor will charge you for the additional time they spend, not pass it on to the seller. The seller will themselves incur charges with their own solicitor no doubt. 

Angioino

greatcrested said:

You agreed "the fees were agreed at 1475£ + VAT (with possibility of increase if the case resulted complicated). "

The case has now proved to be more complicated due to the deed of variation on the lease, hence the solicitor is justified in charging extra for thi.

However from what you say, he is charging the seller for this extra work, therefore is not justified in charging you extra as well.

Unless of course there is also some other additional and unexpected work.

I would not agree to the additional charge unless osme other justification for it is provided.

Having said that, getting into a dispute with your solicitor over fees mid-conveyance is never wise, especially as the solicitor might refuse to Complete with it being resolved and their fees being paid.

If possible, I would therefore neither agree nor dispute the extra fee (yes, a difficult path to tread!).

Once you have Completed, you can dispute the fee via their formal complaints process, but till then try not to rock the boat.......

Yes they are charging the sellers for the deed of variations to be carried out after completion. No other technical additional work to justify the increase on our fee. They are justifying this mentioning increased amount of time they had to spend, especially in the communication process with the seller's solicitor. 
They are asking to get paid for the raised fee now that I am meant to pass the final amount for the completion date. 

Aspiration

Appreciate the frustration as I think I would be unhappy.

Personally I would raise it like you have. Even though you disagree with it I’d pay it and just let them complete the transaction and move to your new home. I’d think about the additional stress of disputing and potential delays and just accept it as a concern but not give it the head space as moving should be exciting!

davidmcn

If the additional work is costing £1975 in total, suggest that ought to all be borne by the other party rather than being split £1475/500?

Sistergold

I have found solicitors to be the least straightforward people to deal with. The honest truth is they are not worth your time, arguing further will add stress to an already stressful process! I would just pay it and forget. The extra money will not be much in the grand scheme of things. 

Thrugelmir

Sistergold said:

I have found solicitors to be the least straightforward people to deal with. The honest truth is they are not worth your time, arguing further will add stress to an already stressful process! I would just pay it and forget. The extra money will not be much in the grand scheme of things. 

The one solicitors will do is to clock their time in 5 minute segments. They'll have a record of precisely what they did and when. Their time is how they generate revenue for the business. 

Tiglet2

Angioino said:

I am first time buyer so all this is a complete new process for me. I have used a recommended solicitor to handle our case. Initially the fees were agreed at 1475£ + VAT (with possibility of increase if the case resulted complicated). During the process my solicitor highlighted the need for a deed of variation on the lease and due to the chain in place, they agreed with seller's solicitor to work on this after completion in order to not delay further the exchange. They also agreed to have the seller paying for the process, and they are charging them the price of 1475£ + VAT. 
Recently my solicitor has asked me to raise their fees to 1975£ + VAT due to the amount of work that required handling the case. 
Now I think raising our fees as well as taking another full fee just for the deed of variations is very cheeky from their side and I feel they are taking advantage of the situation. 
I have highlighted this with them and asked to maintain our fee at the initial price but they don't want to consider the allowance for legal costs from the seller side into my financial statement. 
What would you do in a situation like this? 

I am wondering whether you have slightly misunderstood things.  I think you should seek further clarification from your solicitor about these additional fees.

From what you've said, I think it might be the freeholder's solicitor that will be charging the fees of £1475 + VAT to the seller for drafting the Deed of Variation which will then be sent via the seller's solicitor to your solicitor.   Your solicitor reviews the draft Deed of Variation, approves it then sends the original approved version for signature and return.  Your solicitor is charging you for doing that work, ie an additional £500 + VAT.