Seller pulled out- more solicitors fees?

Ksenby30

Hello,

The seller of a property we where going to buy has pulled out when we where ready for exchange of contracts. We are absolutely devastated to say the least, but it's no longer on the market and they won't sell it.

We knew at this stage we would loose the money we have paid for the searches and ID checks etc, but our solicitor rang us today and said they where charging us another £180 on top of that. Is this normal? They said it is for 'other work done' but when I asked she just said it was so they have 'something' for the amount of work they done.

Has anyone else ever experienced this? At this point we just feel so deflated and devastated, but now the added stress of loosing nearly £500 pound (including mortgage application money, searches and addedd fees) is sickening. 

Also does anyone know why the law in England states even though we haven't pulled put we will have to pay. And why this is not the case in Scotland? 

Thanks in advance 

Kyresa

Why do you feel it is ok to pay for the searches, but not the work your solicitor has undertaken?  They will have opened a file for you, undertaken title checks, ordered searches, raised enquiries, reported to you on the title, approved the contract and transfer etc.  This all takes time.

Would you have paid the seller's fees if you had backed out after finding something was wrong with the property? 

Ksenby30

Kyresa said:

Why do you feel it is ok to pay for the searches, but not the work your solicitor has undertaken?  They will have opened a file for you, undertaken title checks, ordered searches, raised enquiries, reported to you on the title, approved the contract and transfer etc.  This all takes time.

Would you have paid the seller's fees if you had backed out after finding something was wrong with the property? 

I think your missing what I'm trying to ask here. We are first time buyers so this is the first time we have had to have anything to do with solicitors.

I am simply asking if this is usual to happen, I am not complaining that I dont want to pay. The reason why I am asking is because I was not informed nor was it in the contract I signed when I instructed them to work on our our behalf.
This contract only mentioned about the buyer (us) pulling out which is not the case in this situation.

Tiglet2

Best thing would be to check the terms and conditions of what you signed up for when you instructed your solicitor.  It's perfectly reasonable to charge for work done so far - they don't work for free, although some solicitors may offer a no completion, no fee deal, but you need to read the terms first.

Flugelhorn

unfortunately any failed sale / purchase leads to a bill from the solicitor - contract usually quotes a cost for the whole process but also mentions an hourly rate if things don't go through in the end

Thrugelmir

Time has to be paid for. If you don’t pay who does. At solicitors hourly rates inclusive of Vat, is not very much at all. 

Snookie12cat

Unless you specifically went with a no completion no fee solicitor, then they can charge you for the full quoted price - you need to read the TOB they supplied as to what you have to pay. 

if its not in the contract then I would argue it - although the "no completion, no fee" I went with, seems to suggest that if the seller pulls out I am billed part of the total cost depending where we are in the process. 

robatwork

Just another argument against our ridiculous house-buying system that nobody in power has the political will to overhaul.

As old fashioned as the design of new build estates. 

user1977

Ksenby30 said:

Kyresa said:

Why do you feel it is ok to pay for the searches, but not the work your solicitor has undertaken?  They will have opened a file for you, undertaken title checks, ordered searches, raised enquiries, reported to you on the title, approved the contract and transfer etc.  This all takes time.

Would you have paid the seller's fees if you had backed out after finding something was wrong with the property? 

The reason why I am asking is because I was not informed nor was it in the contract I signed when I instructed them to work on our our behalf.

It would be unusual for it not to be covered somehow - if you post what it says I'm sure somebody here can check.

TBG01

robatwork said:

Just another argument against our ridiculous house-buying system that nobody in power has the political will to overhaul.

As old fashioned as the design of new build estates. 

Or it's another case of someone not reading what they're signing.

I'm not saying it was in the OP's retainer, but I've lost count the amount of times we've sent a client an aborted bill which is followed by the client jumping up and down asking why they're being charged, when there's a section in our retainer that clearly points out that we can and will charge for the time spent, so only sign and return the retainer if you agree to the fees, terms etc.

csgohan4

it is usual i'm afraid, if the seller pulls out, someone's got to pay the bill, you