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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I sold my mothers flat in February last year, it had taken

Resolved Question:

I sold my mothers flat in February last year, it had taken my buyers solicitor a year to get the sale through. Then I started getting letters from the management company for non payment of maintenance for the flat. In August last year my solicitor discovered that my name had never been taken off the land registry, and the sale had never been signed off with the management company. He then found out that the buyers law firm had gone bankrupt, and all cases had been passed to another company, who in turn have done nothing. My question is who is going to pay for this 2nd bill that my solicitor will be presenting me with? Why should I have to pay twice when everything was done properly on my side from the beginning. Also when am I ever going to get closure, my mum died in January 2011 we are now in February 2014, and I still can't move on with my life. Somebody should be held accountable for this mess and it shouldn't be me.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Sorry to hear about this. Has the buyer paid the full purchase price and have the keys been handed over to the buyer?
Customer: replied 3 years ago.

The Buyer paid the full price, and moved into the flat on 28thg February last year, as far as I am concerned the property is no longer anything to do with me, sadly, this appears not to be the case. The solicitor my buyer used was an internet company, he had a lot of problems with them during the whole process, we had agreed the sale on 17th Feb 2012, it took until 28th Feb 2013 for the sale to complete. On the occasions he rang them he was told several times that the person dealing with him had left and it had passed to someone else. I was told that he contact the for their complaints procedure, he followed that, was then contacted by a man who was supposed to be a senior partner, was told this man would sort everything out, after more time had passed he contacted them again and it was a lady who was dealing with it, she was the person to get everything supposedly finalised.


 

Expert:  UKSolicitorJA replied 3 years ago.
Sorry to hear about this.

Anyway, if the buyer paid the purchase price and took possession of the property, he should be liable for service charges etc concerning the property. Yoyu would simply be the legal owner holding the property in trust for the buyer (who is the beneficiary), until the change of owernship is registered at the Land Registry.

You should pass on the bills to the buyer to pay directly to the managing agents or to give you the money to pay them.

Hope this helps
Customer: replied 3 years ago.

I am not quite sure if you are getting my points here, so far I am paying £33 for the things I knew. What I am trying to find out is, do I have to pay my solicitor for sorting this out when it was neither my fault or his, that the on line solicitor could not do his job right. The buyer knows he has to pay the bill but the management company do not recognise him as the owner of the flat because after a year my name is XXXXX XXXXX the land registry. He has tried ringing to pay the bill but they won't discuss the matter with him. Who is paying the solicitor brought in to sort out the mess the buyers on line solicitor made. Am I entitled to recompense for the emotional and financial stress I have had to suffer. I would also like to point out this is a one off time that I will be using this site, I do not want to pay a monthly fee. I had put Law Society Ombudsman in the search engine, your ad popped up, I asked a question I was asked for £33, which I thought was fair enough as you were going to answer my questions for me, once I sent the question I am now badgered being asked for £33 or £43, I don't need monthly advice thanks, XXXXX XXXXX only prepared to pay the £33 that has been paid and I would like proper answers to my questions please.


Thank you

Expert:  UKSolicitorJA replied 3 years ago.
Hello, again,

Please let customer service know that you require a one off answer and not a monthly service.

I am afraid paying your solicitor is your responsibility as you are their client and their terms and conditions are with you. The issue here is with the negligence of the buyer's solicitor and the buyer should lodge a complaint with the Legal Ombudsman against the solicitor.
You may try and negotiate a discount on your solicitor's fees and/or ask the buyer if they are willing to pay your solicitor's fees for sorting out the mess caused by the buyer's solicitor, but I am afraid you are ultimately responsible for your solicitor's fees and their duties are to you as their client.

They buyer should pay you and you should forward the money to the management company until your name is XXXXX XXXXX the deeds and the buyer's name is XXXXX XXXXX

Hope this helps
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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