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Can I get my money back from the solicitor?

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Comments

  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 12 May 2022 at 2:44PM
    As far as I am aware, it's not government's decision and we couldn't find any news or references on gov's website...
    Conveyancers are legally required to conduct anti-money laundering checks on their clients using a risk-based approach. There is a long list of countries which are considered "higher risk" for money laundering.

    That list includes countries such as the UAE, Morocco, the Philippines etc. - none of these countries are sanctioned, but it is considered that there is a higher risk of money laundering for money which comes from there. That means the conveyancers need to do additional checks on the source of funds because they can take you on as a client. 

    As the developer's "recommended" conveyancers, these guys are probably a conveyancing factory getting paid the absolute minimum for their work. They just won't be interested in doing anything "non-standard" - that's just not their business model - hence they have declined your business.

    You might have better luck with a smaller firm - somewhere a bit less "factory" like. 
  • wilfred30
    wilfred30 Posts: 878 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    user1977 said:
    Which country are we talking about?
    The OP has been asked that question three times now and still hasn't answered it.

    I wonder if their reluctance means that it's either Russia or Belarus.
  • bargainbetty
    bargainbetty Posts: 3,455 Forumite
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    You may also find that a conveyancing firm may not have the necessary indemnity insurance to cover them in cases where there are overseas transactions and/or additional money-laundering checks, especially if the nation concerned is subject to sanctions. 

    Solicitors with a wider remit will probably have more extensive coverage in place. 

    Plus, as @steampowered says, they want a max return for minimum effort and you just became something that would require effort. 
    Some days, it's just not worth chewing through the leather straps....
    LB moment - March 2006. DFD - 1 June 2012!!! DEBT FREE!



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  • GDB2222
    GDB2222 Posts: 26,499 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Ath_Wat said:
    GDB2222 said:
    I’m afraid that I have sympathy with the solicitor. They don’t need to state that they cannot break the law, as that’s inherent in any contract. You can reasonably expect any unused part of the fee to be returned. 

    They may refund the whole lot, if you kick up a fuss, just to part company quickly.

     You now know that you can’t use this money from overseas for house purchase.
    " places this outside of our risk profile" doesn't imply breaking the law to me.  If they had meant it was illegal they surely would have said it was illegal.  It sounds to me that it's just a type of business they don't want.
    I agree. The OP was significantly changed about 10 minutes after I commented on it. 
    No reliance should be placed on the above! Absolutely none, do you hear?
  • 1886travel
    1886travel Posts: 58 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    wilfred30 said:
    user1977 said:
    Which country are we talking about?
    The OP has been asked that question three times now and still hasn't answered it.

    I wonder if their reluctance means that it's either Russia or Belarus.

    What country has sanctions? I guess you are either North Korean, Iranian or Russian eh?
    it's China if that helps
  • 1886travel
    1886travel Posts: 58 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    which country are we talking about here? May shed some light on the matter.
    It's China
  • GDB2222
    GDB2222 Posts: 26,499 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    wilfred30 said:
    user1977 said:
    Which country are we talking about?
    The OP has been asked that question three times now and still hasn't answered it.

    I wonder if their reluctance means that it's either Russia or Belarus.

    What country has sanctions? I guess you are either North Korean, Iranian or Russian eh?
    it's China if that helps
    I don't think it does help, but you've satisfied their curiosity, so perhaps they will stop asking. :)

    If the solicitor has said they won't act because they can't be bothered to go through AML in your case, I think they should refund you 100%. I hope that that happens.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Scotbot
    Scotbot Posts: 1,541 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    edited 12 May 2022 at 6:57PM
    GDB2222 said:
    That is clearly something to ask the outgoing solicitor. If it’s an arbitrary decision on their part, it’s very difficult for them to justify keeping your money. However, it’s not something I would expect them to do arbitrarily.

     You may be on some AML list, in which case they probably can’t tell you that. 
    I would. There's minimal guidance on how to do money laundering checks it is a completely arbitrary decision. 
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