Conveyancing solicitor asking for more money after the fact.
Discussion
In brief:
Son sold flat and purchased his first new house using a local solicitor who dealt with both. Had quote, completion & conveyancing done, bill (full & final settlement) provided and promptly deducted from proceeds of original sale. Job done....
Two weeks later, he has just had a letter from same solicitors explaining that they got the Land Reg costs wrong on the new house, and they want another £135 quid.
All-in-all, this is not a lot of money, but son is miffed understandably. His point is that he has paid what was asked, so why does he have to pay for what is a mistake on behalf of the solicitor?
What is the LEGAL position here please?
The moral one I can guess already!
However, having been in business for many years, I would NEVER ask a client for additional moneys if I had cocked up, and I have on a few rare occasions - I messed up, so I take it on the chin!
Thanks
Son sold flat and purchased his first new house using a local solicitor who dealt with both. Had quote, completion & conveyancing done, bill (full & final settlement) provided and promptly deducted from proceeds of original sale. Job done....
Two weeks later, he has just had a letter from same solicitors explaining that they got the Land Reg costs wrong on the new house, and they want another £135 quid.
All-in-all, this is not a lot of money, but son is miffed understandably. His point is that he has paid what was asked, so why does he have to pay for what is a mistake on behalf of the solicitor?
What is the LEGAL position here please?
The moral one I can guess already!
However, having been in business for many years, I would NEVER ask a client for additional moneys if I had cocked up, and I have on a few rare occasions - I messed up, so I take it on the chin!
Thanks
You are right, he would have, but a call was not made... just a letter, no apology, just a request for payment.
The issue is surrounding the LR fee, and it appears they simply got it wrong.
Since they have asked for the difference, he feels somewhat coerced to pay.
OK, one could argue that it was a genuine mistake, but since nothing had changed in respect to the conveyance itself from the beginning, I am inclined to agree with his hesitation. I for one would never go for a second bite cos I made a genuine mistake, it just pees off the client, and he won't use me again!
There has been a lot of talk about the morality in this, but originally what I wanted to know was his actual legal position, in that he was presented with a full and final bill, that bill (which included all disbursements)was settled, then the conveyancer is coming back for more two weeks later to cover their mistake...
So what is it? Is the conveyancer on a sticky wicket? Is the quote and invoice not a contract?
Whatever son chooses to do, I am very interested in the legal position.
The issue is surrounding the LR fee, and it appears they simply got it wrong.
Since they have asked for the difference, he feels somewhat coerced to pay.
OK, one could argue that it was a genuine mistake, but since nothing had changed in respect to the conveyance itself from the beginning, I am inclined to agree with his hesitation. I for one would never go for a second bite cos I made a genuine mistake, it just pees off the client, and he won't use me again!
There has been a lot of talk about the morality in this, but originally what I wanted to know was his actual legal position, in that he was presented with a full and final bill, that bill (which included all disbursements)was settled, then the conveyancer is coming back for more two weeks later to cover their mistake...
So what is it? Is the conveyancer on a sticky wicket? Is the quote and invoice not a contract?
Whatever son chooses to do, I am very interested in the legal position.
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