Solicitor non-payment of Estate Agent Fees

anoushka7

My solicitor has not paid my Estate Agent fees for selling my house although I have paid the solicitor.  I have tried to fill in a form on line with the Legal Ombudsman but I have to wait 8 weeks before doing so.  It is 4 weeks since my move and the solicitor has ignored requests from the estate agents for their fee and now the estate agents is demanding payment from me!  I do not have the money and I have shown the estate agents the paper trail proving that I have paid the solicitor.  I am 66 years of age and I am so stressed over this I am not sleeping.  Can you help please?

user1977

Have you pursued the firm's own complaints procedure? If they have the money then I'm sure it will be resolved, the EA will just need to be patient.

anoushka7

I filled in a form on their website 2 weeks ago but they have not replied.  I then informed my solicitor that I was contacting the Legal Ombudsman, I received an e-mail back saying that "I have recalled the files as the system is showing two separate amounts.

 Once I have the files I will be able to advise you."  That was nearly 2 weeks ago and nothing since.

 

 

user1977

anoushka7 said:

I filled in a form on their website 2 weeks ago but they have not replied.

Webforms have a tendency to disappear into a black hole. Contact them by another method and get them to actually acknowledge it as a complaint.

Has the EA dealt with the solicitors before? They may well already know what they're like...

anoushka7

The person who I have to contact with the complaint at the solicitor office is the person who dealt with my conveyancing!  I have resent the complaint via e-mail with their assurance copied from their website I will be contacted within 10 days, as I have not been since my initial complaint. 

anoushka7

The Estate Agent has not dealt with them before as we are based in Merseyside and the Solicitors is in Tyne & Wear!  I did a search to get the cheapest quote, not the best idea!

anoushka7

Also, just checked the e-mail I sent today does make it clear that this is a complaint.

Shaztastic3000

Relax, it will be sorted. Stop worrying and enjoy life.

Tiglet2

Did you instruct the solicitor to pay your Estate Agent on completion or did they think you would be paying them yourself? 

Do you have a finalised account projection showing the monies coming in and going out?  If so, what does it show in regard to the Estate Agent? 

When did you complete? 

The Estate Agent does have to send their commission statement to the solicitor so the solicitor knows where to send the money - has the Estate Agent confirmed they did this?

anoushka7

I did not instruct the solicitor, they asked me for the payment. The Estate Agent sent their invoice on the 2 June to the solicitor. I do have a finalised completion statement, from the solicitor sent to me on the 2 June 2021 which shows the disbursements including the Estate Agent fees, solicitors fees etc and my payments which show I have paid all of these with my bank transfer on the 2 June 2021.  First I knew that the Estate Agent had not been paid was when I received an email from them on the 18 June 2021 saying they had not received payment from the solicitor after several ignored reminders.  The solicitor has never replied to any of the estate agents e-mails  - during the conveyancing or since.

Tiglet2

In that case it does sound as though someone has made a mistake somewhere.  Hopefully once your solicitor looks at your email, they'll get their Accounts Department to sort it out.  To be honest, you are right to bring it to their attention and allow them some time to sort it out.  It doesn't sound like an Ombudsman issue, yet.