Solicitor changed contract after signing
Discussion
Bit of a strange one, I'll try and keep it as short as possible.
Bought some land for a building plot in England, an unusually protracted process as the sellers sols seemed to try every trick in the book to delay the sale. To the point it felt like they wanted to sabotage it. Sellers were in contact and on the face of it, no problems and couldn't understand why it was taking so long either. I'm of the opinion they are honest and genuine.
Got a bit heated (in legal worlds!) where our sols approached theirs and flat out asked what the problem was and why they were constantly changing the contract conditions. Queue a counter accusation of suggestions of wrongdoing etc. Anyway, that seemed to get the ball rolling in that the solicitor suggested their client would walk away from the deal if we didn't agree to their current contract and conditions (which was revised numerous times before this).
Two conditions we wanted on our side the selling solicitor wanted to remove and be done under a "gentleman's agreement".
Come to exchange date the two minor conditions were still in the contracts, OK that covers the "gentleman's agreement". We and the sellers both signed, presumably exchanged and completed, money paid.
Contract doesn't return to our sols. A couple of weeks later, the contract arrives back with our solicitor to send off to land registry. A completely different contract re-written throughout although amongst changes the two minor conditions have been removed.
Ours sols have simply sent it back with a "what on earth is this?" covering letter. We're now in limbo waiting to hear back (which going by past experience could be a long wait!).
There's obviously a bit of tittle tattle around the rest of it but I think the above covers the most important parts. Selling sols are well established local firm, handled by the senior partner in the firm for conveyancing (ie not some internet fly by night).
Bought some land for a building plot in England, an unusually protracted process as the sellers sols seemed to try every trick in the book to delay the sale. To the point it felt like they wanted to sabotage it. Sellers were in contact and on the face of it, no problems and couldn't understand why it was taking so long either. I'm of the opinion they are honest and genuine.
Got a bit heated (in legal worlds!) where our sols approached theirs and flat out asked what the problem was and why they were constantly changing the contract conditions. Queue a counter accusation of suggestions of wrongdoing etc. Anyway, that seemed to get the ball rolling in that the solicitor suggested their client would walk away from the deal if we didn't agree to their current contract and conditions (which was revised numerous times before this).
Two conditions we wanted on our side the selling solicitor wanted to remove and be done under a "gentleman's agreement".
Come to exchange date the two minor conditions were still in the contracts, OK that covers the "gentleman's agreement". We and the sellers both signed, presumably exchanged and completed, money paid.
Contract doesn't return to our sols. A couple of weeks later, the contract arrives back with our solicitor to send off to land registry. A completely different contract re-written throughout although amongst changes the two minor conditions have been removed.
Ours sols have simply sent it back with a "what on earth is this?" covering letter. We're now in limbo waiting to hear back (which going by past experience could be a long wait!).
There's obviously a bit of tittle tattle around the rest of it but I think the above covers the most important parts. Selling sols are well established local firm, handled by the senior partner in the firm for conveyancing (ie not some internet fly by night).
Pflanzgarten said:
B
Come to exchange date the two minor conditions were still in the contracts, OK that covers the "gentleman's agreement". We and the sellers both signed, presumably exchanged and completed, money paid.
Contract doesn't return to our sols. A couple of weeks later, the contract arrives back with our solicitor to send off to land registry. A completely different contract re-written throughout although amongst changes the two minor conditions have been removed.
Curious! Come to exchange date the two minor conditions were still in the contracts, OK that covers the "gentleman's agreement". We and the sellers both signed, presumably exchanged and completed, money paid.
Contract doesn't return to our sols. A couple of weeks later, the contract arrives back with our solicitor to send off to land registry. A completely different contract re-written throughout although amongst changes the two minor conditions have been removed.
So you have a copy of a contract signed by both parties, and they have a re-written, but unsigned (by you) contract - is that right?
I don’t agree with pulling out.
Sounds like you’ve exchanged contracts and signed one set of terms - you’ve reached agreement on those terms.
The new set of terms are, at best, a mistake. Ask them for the signed set. Did you keep a copy? Can you prove the 2 minor conditions were in there?
If your sols get no joy out of asking for this ‘mistake’ to be corrected and you can prove the terms have been altered this is a potentially a very serious matter of professional misconduct. Your solicitors should sort this out!
Sounds like you’ve exchanged contracts and signed one set of terms - you’ve reached agreement on those terms.
The new set of terms are, at best, a mistake. Ask them for the signed set. Did you keep a copy? Can you prove the 2 minor conditions were in there?
If your sols get no joy out of asking for this ‘mistake’ to be corrected and you can prove the terms have been altered this is a potentially a very serious matter of professional misconduct. Your solicitors should sort this out!
HocusPocus said:
Rely on advice from your solicitors, not an internet forum.
The professional seriousness of this is off the scale....changing signed documents (if proven) is an act of dishonesty and that usually results in removal of the solicitor from the roll (ie permanent disbarrment).
First point agreed, although it's good to get differing views and I'm also hoping to hear from anyone (in the legal profession or not) who has come across something similar. It must be incredibly rareThe professional seriousness of this is off the scale....changing signed documents (if proven) is an act of dishonesty and that usually results in removal of the solicitor from the roll (ie permanent disbarrment).
Second point, I'm aware of the seriousness of it, and appreciate what it could potentially mean for the other solicitor.
To everyone else (thanks!), pulling out isn't an option-we legally own it now (nor would we want to). With regards to contracts it's not exactly how "exchange" of contracts works in conveyancing.
The problem is compounded by us having little evidence of any nefarious wrong-doing on their part although we strongly suspect that is what they've done.
I suspect that instead of realising what they've done, getting in touch with an apology and setting out the correct contract, calling in their client to re-sign, they've incredulously doctored their clients old signed contract to the amended new one (it's dated by the solicitor not the client) and simply sent that out to us to accept.
The only thing I can't understand is the abject stupidity of thinking they could get away with it.
Op, did both parties know that the gentleman’s agreement clauses actually appeared in the written deed? Were they part of that deal.
If so, you both signed the right doc.
If not, and the sellers solicitors told them “we removed those clauses”, you can see why they might try the switcheroo. But it would hideously bad for them if done dishonestly.
How did the exchange take place?
If so, you both signed the right doc.
If not, and the sellers solicitors told them “we removed those clauses”, you can see why they might try the switcheroo. But it would hideously bad for them if done dishonestly.
How did the exchange take place?
Stupid question, but have you confused the exchanged contract for sale and an executed HMLR TR1 for registering the transfer?
Is this a case where the lawyer has transposed the wrong provisions from the contract into the TR1 which the seller then signed? The TR1 should have been agreed between lawyers prior to exchange.
Thankfully, dishonesty in solicitors is rare, always taken very seriously, has zero tolerance from SRA, and usually is career ending....but it does happen.
Is this a case where the lawyer has transposed the wrong provisions from the contract into the TR1 which the seller then signed? The TR1 should have been agreed between lawyers prior to exchange.
Thankfully, dishonesty in solicitors is rare, always taken very seriously, has zero tolerance from SRA, and usually is career ending....but it does happen.
Seen this once before.
Small firm of solicitors, but the only one in town and the senior partner a bit of a player in local matters.
What was happening was that one of his friends wanted to buy it, but didn’t have the money, so was trying to hold the sale up until he did, or get the price down to affordability.
What made this worse was that the friend was a councillor and the whole thing unravelled when he tried to get the planning permission rescinded to put the new buyer off.
After a very, very long period, the solicitor ‘retired’ the council frustrated the investigation for several years until another party got in.
Basically it was their town and no interlopers were welcome.
Small firm of solicitors, but the only one in town and the senior partner a bit of a player in local matters.
What was happening was that one of his friends wanted to buy it, but didn’t have the money, so was trying to hold the sale up until he did, or get the price down to affordability.
What made this worse was that the friend was a councillor and the whole thing unravelled when he tried to get the planning permission rescinded to put the new buyer off.
After a very, very long period, the solicitor ‘retired’ the council frustrated the investigation for several years until another party got in.
Basically it was their town and no interlopers were welcome.
Austin_Metro said:
Op, did both parties know that the gentleman’s agreement clauses actually appeared in the written deed? Were they part of that deal.
If so, you both signed the right doc.
If not, and the sellers solicitors told them “we removed those clauses”, you can see why they might try the switcheroo. But it would hideously bad for them if done dishonestly.
How did the exchange take place?
I now suspect the other party didn't know the gentleman's agreement were in the contract although at the time assumed they did, we didn't raise it however-we simply signed.If so, you both signed the right doc.
If not, and the sellers solicitors told them “we removed those clauses”, you can see why they might try the switcheroo. But it would hideously bad for them if done dishonestly.
How did the exchange take place?
RE the switcheroo, I simply can't fathom they thought it was a good idea.
HocusPocus said:
Stupid question, but have you confused the exchanged contract for sale and an executed HMLR TR1 for registering the transfer?
Is this a case where the lawyer has transposed the wrong provisions from the contract into the TR1 which the seller then signed? The TR1 should have been agreed between lawyers prior to exchange.
Thankfully, dishonesty in solicitors is rare, always taken very seriously, has zero tolerance from SRA, and usually is career ending....but it does happen.
No HP, it was the contract incorporating the standard conditions of sale. Is this a case where the lawyer has transposed the wrong provisions from the contract into the TR1 which the seller then signed? The TR1 should have been agreed between lawyers prior to exchange.
Thankfully, dishonesty in solicitors is rare, always taken very seriously, has zero tolerance from SRA, and usually is career ending....but it does happen.
Edited by Pflanzgarten on Friday 27th January 19:06
OK, but in the OP you indicated the contract was being sent to HMLR, when only the TR1 is filed.
If this incident is fantastically dumb document fiddling as you suggest, then your solicitors are professionally obliged to report it to the SRA irrespective of any instructions from you. Let them sort this for you in the proper way.
If this incident is fantastically dumb document fiddling as you suggest, then your solicitors are professionally obliged to report it to the SRA irrespective of any instructions from you. Let them sort this for you in the proper way.
HocusPocus said:
OK, but in the OP you indicated the contract was being sent to HMLR, when only the TR1 is filed.
If this incident is fantastically dumb document fiddling as you suggest, then your solicitors are professionally obliged to report it to the SRA irrespective of any instructions from you. Let them sort this for you in the proper way.
Understood, point one was my mistake, the TR1 was to be sent after we had received their copy of the contract (I think).If this incident is fantastically dumb document fiddling as you suggest, then your solicitors are professionally obliged to report it to the SRA irrespective of any instructions from you. Let them sort this for you in the proper way.
Point 2, understood. They have sent the document back and are awaiting a response before going nuclear so to speak. As it will be a week after this weekend my first inclination (if no response is forthcoming) is to get ours contact the snr partner/directors of the sellers sols and request they investigate as we are considering reporting it to the SRA.
Austin_Metro said:
Please update when you have an answer.
My betting is that they will claim the intended deed was the switeroo’d one and that the one you signed was a mistake that they’ve only realized when now pointed out.
I.e the we were negligent, but not dishonest, defence.
I will if legally allowed to and yes I do think what you’ve described is the only answer they can come up with. The only problem for them is that the timeline might not support this.My betting is that they will claim the intended deed was the switeroo’d one and that the one you signed was a mistake that they’ve only realized when now pointed out.
I.e the we were negligent, but not dishonest, defence.
If it’s looked into I suspect there may be an IT trail that shows the true timeline of events.
LimmerickLad said:
May be a silly question but why would sols act in such a way? What do they gain?
Solicitor wants the land or wants to strike some kind of deal - has been asked by another party to stall the deal until they can come up with the money and gazump OP (just a guess of course).Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff