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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If a conveyancer accidently forwards too much money to the

Resolved Question:

If a conveyancer accidently forwards too much money to the client as net sale proceeds and then asks for money back to redeem a charge does the client have to comply?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Under the terms of the Contract, a Seller warrants that the property is sold free of any Mortgage/Charge.

Therefore, I'm afraid you will need to pay back to your Conveyancer the due amount. Otherwise, you would be in breach of Contract (although this has of course been caused by your Conveyancer's error).

I would therefore suggest that you return the monies, and hope your Conveyancer is very apologetic to you!

I hope this assists and sets out the legal position.

Kind Regards

Al

Customer: replied 2 years ago.

Thank you. Although is there a legal basis that the Conveyancer can request the funds back ?

Expert:  Aston Lawyer replied 2 years ago.

Hi,

The legal basis is that a Seller is under a duty to pay off their Mortgage in full, as this is what the Contract for Sale will say.

Although I appreciate this is your Conveyancer's fault, at the end of the day, these additional monies were "never due to you" and thus need to be repaid.

Sorry.

Kind Regards

Al

Customer: replied 2 years ago.

Thanks for you help and I do understand however what would the conveyancers legal position be for reclaiming the funds from the seller? What legal authority can they rely on in this regard?

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
The money was never owed to you. Therefore it is a debt. You can not just have free money. If a bank makes a transfer to you by mistake, you can't keep the money, it is not yours.
If you keep the money and do not pay it back it is an offence of wrongfully retaining a credit. The Theft Act states:
A person is guilty of an offence if—
(a)a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;
(b)he knows or believes that the credit is wrongful; and
(c)he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.
This is the case here. You had an amount to which you are not entitled. That sum needs to be sent back.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thank you Alex. We are the conveyancers! Great advice thank you.

Expert:  Ash replied 2 years ago.
Happy to help.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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