Conveyancing abortive fees

Hmaz_2

I was part way through buying a property when I realised that it was not the right one for me so have withdrawn.  I have already paid upfront for the searches and based on the contract I signed for the conveyencing I wasn't expecting to be charged any abortive transaction fees as the contract they sent was titled 'Client purchase care guide (no abortive fee)' and in it it says:

 'Should the transaction fail to proceed to completion, then we confirm that we will

make no charge for the work we have done for you although, of course, you may still need to

pay for any expenses that we have paid on your behalf. You may raise queries or complaints

about any bill sent to you and you may have the right to object to the bill by making a

complaint to the Legal Ombudsman.'

Based on the above I wasn't expecting any further charge but they have today asked for £1350 to be paid within a week.

Would you have interpreted the above text from the contact in the same way I have or should I have expected to pay a large abortive fee? 

HampshireH

If your unhappy then ask for a breakdown which will show you the expenses based on the work they have done for you to date 

What was their overall quote?

Hmaz_2

HampshireH said:

If your unhappy then ask for a breakdown which will show you the expenses based on the work they have done for you to date 

What was their overall quote?

The overall quote was £2100.

I don't mind paying for the the work done if that's what I signed in the contract.  I just wasn't expecting it from the wording and so hadn't budgeted for it when deciding whether to withdraw from the purchase and find another property.  

HampshireH

Have you had a breakdown of fees

Hmaz_2

HampshireH said:

Have you had a breakdown of fees

The initial quote had a full breakdown of what to expect, but for the abortive fee they just emailed to say they had checked the file and calculated what I owed, then asked for it to be settled by the end of the month.  

sheramber

Without knowing what they are charging £1359 for no one can say whether it is correct or not. 

Hoenir

Hmaz_2 said:

Would you have interpreted the above text from the contact in the same way I have or should I have expected to pay a large abortive fee? 

Pulling out and not proceeding with the purchase may well not be a covered condition. 

Tiglet2

Check the wording - sometimes solicitors word it to sound like they won't charge abortive fees, but it is only when the other party pull out, or someone elsewhere in the chain has pulled out, rather than you changing your mind.

Gentoo365

Can't you refer them to the text you have quoted.

It is possible they have multiple contracts and if you point out yours was one where you only pay for third party costs they may revise the bill.

You certainly need a breakdown.

Hmaz_2

Tiglet2 said:

Check the wording - sometimes solicitors word it to sound like they won't charge abortive fees, but it is only when the other party pull out, or someone elsewhere in the chain has pulled out, rather than you changing your mind.

It just says if it fails to get to completion they won't charge but doesn't specify if that's in all cases or just if the seller pulls out etc.  I will get in touch with them next week to find out

Hmaz_2

Gentoo365 said:

Can't you refer them to the text you have quoted.

It is possible they have multiple contracts and if you point out yours was one where you only pay for third party costs they may revise the bill.

You certainly need a breakdown.

I will get in touch with them on Tuesday and refer them to the wording of what I signed, and if they are saying that's only in certain situations and I do need to pay I will ask for a full breakdown of the fees they are charging