Conveyancing solicitor asking for more money after the fact.

Conveyancing solicitor asking for more money after the fact.

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Discussion

Deendog

168 posts

121 months

Saturday 2nd August 2014
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Land registry fees can be variable. Often hard to know exactly what cost is going to be until application submitted ( eg fee is doubled if application cannot be submitted online) Sounds like the solicitor covered it out of his own pocket to avoid registration being delayed. Seems a little unfair to refuse to pay an amount you were always going to have to pay.

Rick101

6,970 posts

151 months

Saturday 2nd August 2014
quotequote all
2 experiences

1 - Settled with solicitor and received an agreed refund due to an agreed overpayment (we paid extra so they could get the paperwork done with an unknown value bill, circa £80, pending). 6 months later they realise they have forgotten to do something and want an additional £250. Not willing to make any contribution to their fk up.

2 - My mum has just completed on a 270k house. Solicitor charged 1% stamp. Came back a month or so later asking for an extra £5000 because they don't know how stamp duty works.

Two different solicitors, both fking useless. Despite solicitors telling be not to use a cheap conveyancing company (because they are not as good as a proper solicitor) I think I'll probably go down that route next time.

blueg33

35,993 posts

225 months

Saturday 2nd August 2014
quotequote all
Surely any sensible buyer will know what level of SDLT they are in for? Especially with may thousands of pounds difference.

Some solicitors make mistakes and some clients are stupid. The latter is not the solicitor's fault.

IanA2

2,763 posts

163 months

Saturday 2nd August 2014
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Years ago, after completion, I received a cheque from the solicitor. It was rather large, and when I looked into it realised he'd made quite an error.

Thinking I'd have some fun, I rang him and asked what my position was regarding receiving money in error. He gave a long and complicated answer but essentially said that at worst I'd have a longish term interest free loan and and best possibly a windfall.

I sent the rather large cheque back to him advising him of the legal advice I had received.

Well, I enjoyed it!







rscott

14,773 posts

192 months

Saturday 2nd August 2014
quotequote all
Deendog said:
Land registry fees can be variable. Often hard to know exactly what cost is going to be until application submitted ( eg fee is doubled if application cannot be submitted online) Sounds like the solicitor covered it out of his own pocket to avoid registration being delayed. Seems a little unfair to refuse to pay an amount you were always going to have to pay.
If the solicitor did this then why did they issue a full and final statement before they had the actual costs?

anonymous-user

55 months

Saturday 2nd August 2014
quotequote all
As others have said if the extra is for disbursements then pay up other than that did the solicitor quote fixed price or estimated costs. If not disbursements and fixed costs then refuse otherwise get them to justify and if reasonable pay up.

bad company

18,642 posts

267 months

Saturday 2nd August 2014
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I once used a top London family law partner to advise me when my ex wife asked for more child maintenance. I didn't want her or her lawyer to know who was advising me so my solicitor would write my letters and I 'cut & pasted' so it looked I had written them. Anyway it was all done and I received and paid a very substantial bill from my solicitor/advisor.

A couple of weeks later I settled the claim and phoned my solicitor to tell him. He then sent me a another bill for that 5 minute telephone conversation!!!

TorqueVR

1,839 posts

200 months

Saturday 2nd August 2014
quotequote all
bad company said:
A couple of weeks later I settled the claim and phoned my solicitor to tell him. He then sent me a another bill for that 5 minute telephone conversation!!!
Many years ago I worked for a firm of chartered surveyors who had old fashioned ideas about fees. Their fees were subject to "expenses and disbursements", which amongst other things included postage. Every month the accounts department would issue statements to each branch office listing outstanding expenses client by client. There were always lots and lots of 19p outstanding - the stamp on the envelope containing the fee invoice to the client!

northandy

3,496 posts

222 months

Saturday 2nd August 2014
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10 years ago I had something similar, got quote from solicitor, house sale and purchase went through, final bill received which was slightly more than quote. I paid it.

3 weeks later I get another bill for another £100 ish with no explanation, called them and they just said they had missed something off the quote then forgot to invoice it on the final bill. Couldn't seem to tell me what the extra cash was for so I told them to do one. Never heard another thing about it,

Rick101

6,970 posts

151 months

Sunday 3rd August 2014
quotequote all
blueg33 said:
Surely any sensible buyer will know what level of SDLT they are in for? Especially with may thousands of pounds difference.

Some solicitors make mistakes and some clients are stupid. The latter is not the solicitor's fault.
Surely any competent specialist solicitor knows the stamp duty rates. Should we have got a discount for advising them of the current requirements? Maybe we should charge by the hour or every 10th thereof for our advice.

PurpleMoonlight

22,362 posts

158 months

Sunday 3rd August 2014
quotequote all
Rick101 said:
Surely any competent specialist solicitor knows the stamp duty rates. Should we have got a discount for advising them of the current requirements? Maybe we should charge by the hour or every 10th thereof for our advice.
I am yet to discover a competent solicitor. Please let me know if you find one ...

blueg33

35,993 posts

225 months

Sunday 3rd August 2014
quotequote all
I can give you a list.

TBH and IMO most in competance from solicitors especially in property and corporate stems from a poor instruction from the client.

My typical property instruction runs to 4 or 5 sides of A4. A typical corporate instruction is similar depending on the
Shape of the deal.

Too many people expect their solicitors to act in a vacuum and be some sort of psychic.

If you repeatedly find you solicitors to be incompetant, I suggest you change the way you instruct them.

ORD

18,120 posts

128 months

Sunday 3rd August 2014
quotequote all
blueg33 said:
I can give you a list.

TBH and IMO most in competance from solicitors especially in property and corporate stems from a poor instruction from the client.

My typical property instruction runs to 4 or 5 sides of A4. A typical corporate instruction is similar depending on the
Shape of the deal.

Too many people expect their solicitors to act in a vacuum and be some sort of psychic.

If you repeatedly find you solicitors to be incompetant, I suggest you change the way you instruct them.
Whammy!

Rick101

6,970 posts

151 months

Sunday 3rd August 2014
quotequote all
Not my experience at all.

What instruction do they need?

PurpleMoonlight

22,362 posts

158 months

Sunday 3rd August 2014
quotequote all
blueg33 said:
I can give you a list.

TBH and IMO most in competance from solicitors especially in property and corporate stems from a poor instruction from the client.

My typical property instruction runs to 4 or 5 sides of A4. A typical corporate instruction is similar depending on the
Shape of the deal.

Too many people expect their solicitors to act in a vacuum and be some sort of psychic.

If you repeatedly find you solicitors to be incompetant, I suggest you change the way you instruct them.
What would be your suggested wording to apply the correct SDLT or Land Registry fee?

blueg33

35,993 posts

225 months

Sunday 3rd August 2014
quotequote all
PurpleMoonlight said:
What would be your suggested wording to apply the correct SDLT or Land Registry fee?
How about

X number of days prior to completion, please provide a detailed completion statement which includes an extract from the HMRC SDLT calculator. Where a new lease is being created in addition to an extract from the calculator using an indexation of Y perecent pa.

Spell out what you expect. You can also confirm that you will transfer the amount requested in the completion statement as a full and final settlement of the account.

Jasandjules

69,945 posts

230 months

Sunday 3rd August 2014
quotequote all
blueg33 said:
If you repeatedly find you solicitors to be incompetant, I suggest you change the way you instruct them.
As a general rule the public know only that they wish to sell the house they are in and buy the next one. They rely wholly upon the expertise of the lawyer from that point on and that is what they are paying the fees for.

blueg33

35,993 posts

225 months

Sunday 3rd August 2014
quotequote all
Jasandjules said:
As a general rule the public know only that they wish to sell the house they are in and buy the next one. They rely wholly upon the expertise of the lawyer from that point on and that is what they are paying the fees for.
Huge purchase of many hundreds of thousands of pounds. Understanding even a little bit would be a good idea!

A typical conveyancing solictor charging £1000 won't be thes best you can get, won't visit the property and probably doesn't know the area. It seems sensible to help him/her out by providing basic info.

Rick101

6,970 posts

151 months

Sunday 3rd August 2014
quotequote all
By providing sale price they should be able to work out the duty due.

Just back from a restaurant. I didn't need to tell the chefs how to cook.

Rovinghawk

13,300 posts

159 months

Sunday 3rd August 2014
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blueg33 said:
Huge purchase of many hundreds of thousands of pounds. Understanding even a little bit would be a good idea!
Or they could hire a professional......................