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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10179
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I Purchased my property (leasehold) in 2009. A retention was

Customer Question

I Purchased my property (leasehold) in 2009. A retention was held by the vendors solicitors of £13,000 until evidence of the charge could be produced.

I duly obtained a final invoice and forwarded it to my solicitors to be passed onto the seller solicitors.

I have been informed today by my solicitors that the vendor's solicitors released the funds some time ago and there is no money to pay this charge.

Both solicitors seem to be blaming each other and I think they are both not telling the truth. What is my position
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

 

Hi there,

 

Thanks for your enquiry.

 

To enable me to answer you fully, could you please clarify what "charge" you are referring to and why it was left to you to produce evidence/final invoice of this Charge?

 

Are we talking about an outstanding service charge? If so, £13,000 sounds quite a large sum to have been retained.

 

I look forward to hearing from you.

 

Kind Regards

AL

Customer: replied 3 years ago.


Outstanding major works. I received invoice from Local Authority and was told by them to forward it onto personal representative which I did for them to forward onto vendor's solicitors who were supposedly holding retention to settle with Local Authority


 

Expert:  Aston Lawyer replied 3 years ago.

 

Hi,

 

Thanks for your reply.

 

The legal position is that the Contract between you and the Seller would have stipulated that the Seller will reimburse you for the Charge as and when the final Invoice had been produced (You do need to ask your Solicitor/his colleague for a copy of the Contract so you can check that a suitable proviso was inserted in the Contract).

 

If there was such a provision,the practical difficulty you may now find is that unless the Seller's Solicitor can recoup this money from their client/the Estate relatively quickly, you would be faced with the prospect of having to sue the Seller/Personal Rep for breach of Contract. Unfortunately, your own Solicitor would not be to blame in this scenario.

 

In the unlikely event that no provision was agreed between the respective Solicitors, then your Solicitor is to blame and you would be entitled to claim any losses from him, via their Insurers- all Solicitors have to have professional indemnity insurance in place to cover situations like this.

 

This is all I can really say at this stage. You do need to get some more info off your Solicitor, even if this means waiting until he returns from holiday.

 

I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

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