Selling property - solicitor's omission from final completion statement

TonyIce

Hi all, a little issue just cropped up when I least need it (of course).

My Grandmother passed away last year and I was sole executor of her property, which after many stressful months I finally sold earlier this year. I settled the final completion statement as supplied by my solicitor, and got on with my life.

Now, 4 months later, the solicitor has written to me having identified an omission on their part, namely the 1% transfer fee. There was another error in the statement which I caught and had amended, but I didn't notice the omission. The solicitor is justifying the omission as "lost in the usual stresses of the process", or words to that effect, which makes me feel ok coming back to them with the same - it was stressful, on top of a bereavement and months of dealing with it all.

Of course I'm not happy about it, and emotionally I feel that it's their omission, it's all now signed off, so it's on them. However, legally I have no idea whether that holds water, and whether it's worth the time and effort of fighting it.

I'm not looking for "surely it's their problem, they should deal with it" and so on, because that's how I already feel, I'm just interested in knowing LEGALLY if I have a leg to stand on and whether I can either just refuse to pay as it's all completed, or if there's a fight I can put up, or whatever.

Thanks in advance for any insight!

sheramber

Anybody can make a mistake.

If they had overcharged you would you expect them to  pay you? 

user1977

They are allowed to correct errors. And even if they weren't, presumably this is a retirement property with a fee payable to the freeholders, so if nobody has paid them then the freeholders will have a claim against the estate.

TheJP

Mistakes and errors are common, yes LEGALLY you are required to pay for the outstanding items that were missed. You signed a contract with the solicitors to carry out the sale of the property. How much are we talking about here? You could ask if they negotiate as a gesture of goodwill but they dont have to.

Albermarle

TheJP said:

Mistakes and errors are common, yes LEGALLY you are required to pay for the outstanding items that were missed. You signed a contract with the solicitors to carry out the sale of the property. How much are we talking about here? You could ask if they negotiate as a gesture of goodwill but they dont have to.

As above.
Go back to them and say how surprised/disappointed you were, and it will be very difficult to find the cash right now, in this difficult period  Sob, Sob etc It was their mistake etc etc 
They might make an offer, such as paying half each. If not you could prod them in that direction. They will not want it to drag on for months.

saajan_12

TonyIce said:

I'm not looking for "surely it's their problem, they should deal with it" and so on, because that's how I already feel, I'm just interested in knowing LEGALLY if I have a leg to stand on and whether I can either just refuse to pay as it's all completed, or if there's a fight I can put up, or whatever.

Thanks in advance for any insight!

Firstly can I commend you for this attitude - its always best to hear the other side, work out what's realistic not just nice to hear and act appropriately, as it'll avoid extending the pain if it turns out whats nice to hear isn't accurate. 

TonyIce said:

Now, 4 months later, the solicitor has written to me having identified an omission on their part, namely the 1% transfer fee. There was another error in the statement which I caught and had amended, but I didn't notice the omission. The solicitor is justifying the omission as "lost in the usual stresses of the process", or words to that effect, which makes me feel ok coming back to them with the same - it was stressful, on top of a bereavement and months of dealing with it all.

Of course I'm not happy about it, and emotionally I feel that it's their omission, it's all now signed off, so it's on them. However, legally I have no idea whether that holds water, and whether it's worth the time and effort of fighting it.

I'm not looking for "surely it's their problem, they should deal with it" and so on, because that's how I already feel, I'm just interested in knowing LEGALLY if I have a leg to stand on and whether I can either just refuse to pay as it's all completed, or if there's a fight I can put up, or whatever.

Thanks in advance for any insight!

How much is this amount? Mistakes can be corrected, so the starting point is you would owe the fee. However if the delay in raising it has caused you additional costs then you could argue a reduction for that - eg if probate has to be reopened, costs to chase the beneficiaries etc.