Solicitor mistake- failed to complete

HanspanCsEw89

Hi,
This is my first time posting.

We exchanged contracts on 27th October for completion on 28th October in a chain of five. Got a call to say my sale had completed, went with all of our removals to wait outside new house for completion. 

Fast forward 3 hours and hadn’t heard anything, rang solicitor who told me that their accounts team had sent the money to the wrong solicitor and they were trying to get it back (this was at 16:45). Anyway, they couldn’t get the money back in time and so we failed to complete our purchase. Solicitor says it will now happen on Monday. 

Very luckily and kindly, our vendor allowed us to have the keys anyway and move our stuff in (he had already moved his stuff out). My solicitor refused to contact him themselves and made me tell him what had happened. Subsequently, he wasn’t allowed the keys to his onward purchase and couldn’t move in. Now staying with family until Monday. 

I am just wondering what I am meant to do come Monday. Our solicitors mistake meant that we were effectively homeless with two children under the age of 3. Couldn’t get access to the property until after 5pm and only on the kindness of our vendor. 

Do these mistakes happen a lot? Are we due compensation? 

It was the most stressful day!!

Any advice welcome 

Many thanks 

lika_86

What do you think your loss is that you should be compensated for?

My bigger concern would be whether they will get the money back on Monday and whether anyone further up the chain will be serving notice to complete.

Flugelhorn

I doubt you are due compensation but I should think your lovely vendor deserves some

HanspanCsEw89

I don’t currently own a home (because of my solicitors negligence). 

I also, had to pay extra for removals to stay late as we didn’t have access until after 5pm (and this was only because the vendor let us in). 

They have requested the money back from the other solicitor but their accounts team had gone home so they will transfer it back on Monday. My solicitor said it will complete on Monday. 

What happens if the other parties in the chain serve notice? 

My solicitor said if there were any financial implications then they would have to pay them. 

HanspanCsEw89

Oh I absolutely agree he deserves some. 

Luckily we have been in contact throughout the whole process and I have a very good bottle of wine waiting for him. 

I mean more for the fact that they have been so incompetent and put us in this situation through no fault of our own. Obviously I am paying them for a service, which includes them handling the money for our purchase. 

All I know is that it isn’t a regular occurrence that you don’t complete so I don’t know what the process is really or what I should be doing. Solicitor didn’t really give me much information and I was far too upset to ask. 

Flugelhorn

I would hope that at the least the solicitor might reduce the fee - re the removals - that was a bit cheeky of them as you never know what time a sale will complete on the day and the removals people know it can be as late as 4-4.30 before the place is really vacant

GDB2222

So, your vendors allowed you to move in?   You have not really suffered any material harm, then.

There’s going to be a slew of extra costs up and down the chain, though. Hotel bills, storage costs, etc. You should expect that your solicitor will pay for all this. 

user1977

HanspanCsEw89 said:

I also, had to pay extra for removals to stay late as we didn’t have access until after 5pm (and this was only because the vendor let us in). 

Well, that appears to be the only thing you can claim for then. Being "technically" homeless for the weekend hasn't cost you anything. But I would also expect a discount from the fee for the poor service.

Section62

HanspanCsEw89 said:

I don’t currently own a home (because of my solicitors negligence). 

I also, had to pay extra for removals to stay late as we didn’t have access until after 5pm (and this was only because the vendor let us in). 

They have requested the money back from the other solicitor but their accounts team had gone home so they will transfer it back on Monday. My solicitor said it will complete on Monday. 

What happens if the other parties in the chain serve notice?

My solicitor said if there were any financial implications then they would have to pay them. 

Paying extra for a removals as a consequence of the solicitor's mistake is a 'financial implication'.  You'd expect them to pay out for that.

It would be better to talk about 'additional costs' rather than 'compensation' as the latter can have negative connotations.  If the solicitor thinks you might start claiming for things like 'hurt feelings' or 'reduced enjoyment of the house buying process' then the shutters may go up.

Keep careful notes about the additional costs you incur, and don't incur costs (e.g. buying thank-you flowers for your vendor) expecting the solicitor to suck up the cost without question.

HanspanCsEw89

Thank you all.

Yes, I don’t want to be unreasonable, mistakes do happen but it has caused a lot of stress and upset obviously. 

Just want to know what is reasonable to ask for or what I should be asking for. 

I will take on board asking them to cover additional costs rather than compensation. 

Would it be worth making a formal complaint in order to make sure they they don’t allow this to happen to someone else? I would have they would triple check who they are sending that amount of money to. 

eddddy

HanspanCsEw89 said:

I will take on board asking them to cover additional costs rather than compensation. 

Your seller might also claim their 'additional costs' from you.

And their 'additional costs' might include 'additional costs' claimed by their seller - and so on up the chain. 

If the upward chain is long, there might be a lot of additional costs.

HanspanCsEw89 said:

Would it be worth making a formal complaint in order to make sure they they don’t allow this to happen to someone else? 

I expect they'll realise the gravity of their mistake without you having to make a formal complaint.

I suspect the senior partners (or whoever is the top level of management) were fully appraised of the situation on Friday - and their litigation team will be getting geared-up to deal with the claims.