Building Safety Act and selling a flat

jwla

Hi, my flat was a day from being exchanged, all paperwork and the buyer's solicitor realised they couldn't deal with flat under the BSA. Then my own solicitor realised they were also not fit to represent this sale.
They sent me all the documents but retained 50% of the money which was pre-paid. Can I get any of this back? The storey height was written on the Sales Memo by the Agent. 
thanks 

AskAsk

that doesn't sound very good.  i am selling one now and my solicitor has asked for all the details for the BSA in their welcome letter and says they may not be able to act.  so they should have sorted this out at the beginning.

EssexHebridean

jwla said:

Hi, my flat was a day from being exchanged, all paperwork and the buyer's solicitor realised they couldn't deal with flat under the BSA. Then my own solicitor realised they were also not fit to represent this sale.
They sent me all the documents but retained 50% of the money which was pre-paid. Can I get any of this back? The storey height was written on the Sales Memo by the Agent. 
thanks 

When was this, is the first question?

The BSA is causing all sorts of of problems - but assuming this is recent, there is no excuse for solicitor taking the transaction through as far as they did before realising it was an issue. Generally speaking “how high is the building, how many storeys?” is going to be one of the first questions most solicitors ask when it becomes apparent that the property is a leasehold flat/apartment.

They are very probably being cheeky tinkers with the fees - have you re-read the terms of retainer you were sent at the beginning to see what is said about the matter not continuing to completion? This is not the case that it has failed to proceed because if a change of mind (for whatever reason) by you or your buyer, that’s not the relevant section - you are looking for where it says anything about the firm ceasing to act for you. Is there anything in there about that?

Even if there is anything in the ToR, my view is inclined towards the fact that in this specific scenario no  money should ever have been taken from you in any event - as they were unable to act, and therefore should not have proceeded with the instruction. Had they asked the relevant question at the outset, then the answer you gave should have meant that they declined to take the matter on originally, and therefore no fee (or even moneys on account)  would ever have been taken.