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  • FIRST POST
    • chutney51
    • By chutney51 8th May 18, 3:24 PM
    • 10Posts
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    chutney51
    When to pay solicitor
    • #1
    • 8th May 18, 3:24 PM
    When to pay solicitor 8th May 18 at 3:24 PM
    Hi all,
    We are currently buying a new build house and the solicitor is asking for his fee to be paid in full before exchange.

    I have never paid until completion before (a number of purchases over about 30 years) and there was nothing stating this in the initial letter they sent.
    I have already paid 250 towards searches, etc. It seems odd to be paying his fee at this stage.

    Does anybody know if there are guidelines on this somewhere?

    Thanks.
Page 1
    • Dolly123
    • By Dolly123 8th May 18, 3:33 PM
    • 148 Posts
    • 12 Thanks
    Dolly123
    • #2
    • 8th May 18, 3:33 PM
    • #2
    • 8th May 18, 3:33 PM
    Say no and go with someone else, never heard of this before you normally get the fees added to your completion statement
    • davidmcn
    • By davidmcn 8th May 18, 3:34 PM
    • 8,054 Posts
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    davidmcn
    • #3
    • 8th May 18, 3:34 PM
    • #3
    • 8th May 18, 3:34 PM
    Paying at completion would be the norm, but how long until then?
    • chutney51
    • By chutney51 8th May 18, 3:36 PM
    • 10 Posts
    • 5 Thanks
    chutney51
    • #4
    • 8th May 18, 3:36 PM
    • #4
    • 8th May 18, 3:36 PM
    The problem is I have already paid 250 for searches and preliminary work. Completion is due for October.
    • diggingdude
    • By diggingdude 8th May 18, 3:39 PM
    • 331 Posts
    • 397 Thanks
    diggingdude
    • #5
    • 8th May 18, 3:39 PM
    • #5
    • 8th May 18, 3:39 PM
    Ask if they are having financial difficulties and will they still be operating at completion.
    House Deposit - Target 20000 April 2019
    Current Savings - 10225 13121.22 14621.22 16021
    • hazyjo
    • By hazyjo 8th May 18, 3:40 PM
    • 10,712 Posts
    • 14,065 Thanks
    hazyjo
    • #6
    • 8th May 18, 3:40 PM
    • #6
    • 8th May 18, 3:40 PM
    Guessing you have gone with the developer's choice of solicitor which is never advised!


    Did they post or email you any documentation stating this fact before you instructed them?
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes
    • chutney51
    • By chutney51 8th May 18, 3:43 PM
    • 10 Posts
    • 5 Thanks
    chutney51
    • #7
    • 8th May 18, 3:43 PM
    • #7
    • 8th May 18, 3:43 PM
    Yes, I used the developers suggested solicitor (live and learn - never done it before).

    They posted a letter saying what the fees are but nothing to do with paying in advance.
    I assumed it would be on completion as every other purchase has been done like that.
    • hazyjo
    • By hazyjo 8th May 18, 4:17 PM
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    hazyjo
    • #8
    • 8th May 18, 4:17 PM
    • #8
    • 8th May 18, 4:17 PM
    Yes, I used the developers suggested solicitor (live and learn - never done it before).

    They posted a letter saying what the fees are but nothing to do with paying in advance.
    I assumed it would be on completion as every other purchase has been done like that.
    Originally posted by chutney51
    Not even anything in the smallprint (or even 'tiny'print!)? A contract? Positive?


    I suppose all you can do is query it, or at least ask where it stated you'd have to pay at exchange.
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes
    • chutney51
    • By chutney51 8th May 18, 4:25 PM
    • 10 Posts
    • 5 Thanks
    chutney51
    • #9
    • 8th May 18, 4:25 PM
    • #9
    • 8th May 18, 4:25 PM
    Not even anything in the smallprint (or even 'tiny'print!)? A contract? Positive?


    I suppose all you can do is query it, or at least ask where it stated you'd have to pay at exchange.
    Nothing in the small print at all. Three people have checked it now to see if I had missed it.
    And they are not asking for it at exchange but before. The more I search this on the internet it seems after completion is the norm.
    • hazyjo
    • By hazyjo 8th May 18, 4:45 PM
    • 10,712 Posts
    • 14,065 Thanks
    hazyjo
    And they are not asking for it at exchange but before. The more I search this on the internet it seems after completion is the norm.
    Originally posted by chutney51
    Bloody hell, that's even worse. When you said 'before exchange', I just presumed you meant that day or something to be with them for exchange.


    Sod that. Never heard of that before. What about the stamp duty (presuming it's due)?
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes
    • chutney51
    • By chutney51 8th May 18, 4:49 PM
    • 10 Posts
    • 5 Thanks
    chutney51
    They are not asking for stamp duty yet. Thats normally at completion I think.
    They haven't responded to my last email so I'm still unsure what to do.

    Very annoying, but I'm already 250 and 3 weeks into this so will probably have to cough up.
    It just feels wrong and an abuse of their position.
    • fromtheshires
    • By fromtheshires 8th May 18, 5:05 PM
    • 293 Posts
    • 243 Thanks
    fromtheshires
    They probably want paying beforehand due to the long gap between exchange and completion.

    Ultimately if they arent going to echange until you have paid, you either need to pay for the services to date and find a new solicitor or swallow the fact that you need ot pay upfront (however odd)
    • kingstreet
    • By kingstreet 8th May 18, 5:07 PM
    • 33,705 Posts
    • 18,281 Thanks
    kingstreet
    I would ask.

    Are they confusing your newbuild October completion with someone else's a lot sooner?

    Copy and paste is the bane of the clerical world...

    I've never heard of a newbuild experienced solicitor asking for fees at any time other than in the draft completion statement as completion approaches.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
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