How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I recently completed on a property sale in York my solicitor

Resolved Question:

I recently completed on a property sale in York my solicitor paid what was due. However the estate agents are chasing for vat stating it was not paid however an email sent stating the total amount by one of agents stated including vat.
according to the contract the the commission is 1.50 however the final requested amount was based on 1.25 hence the error. I am being taken to court do i have a strong case for a defense. I have already paid what was requested, the error was made by the estate agent, can they chase up the outstanding amount?
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.What is the amount being claimed please?Alex
Customer: replied 10 months ago.
*****costs
Expert:  Ash replied 10 months ago.
Ok, in any event it would be a small claim.But based on the fact you paid what was asked, as they are professionals you can not be held liable for any fault or short payment.They are the ones that do this for a business, not you. Therefore if they made a mistake, its their own fault.They made representations, you relied on them and as such they are 'estopped' from seeking further sums.Can I clarify anything for you about this today please?Alex
Customer: replied 10 months ago.
The original contract has stated a commission amount of 1.5. I was requested to pay 1.25. which in error they thought that the vat amount was not paid. This will call in to court and I have to make a grounds for defense what should i state on the papers
Expert:  Ash replied 10 months ago.
Yes I think you have grounds. Your grounds are the representations made by the claimant.You relied on what they said. if its an error, that is not your fault and they are estopped from claiming
Expert:  Ash replied 10 months ago.
Does that clarify?Alex
Customer: replied 10 months ago.
please can you give me an idea a rough few words on what i should enter in the claim form
Expert:  Ash replied 10 months ago.
1. The Defendant denies that any sum is owing to the Claimant. The claimant made representations to the defendant that commission to be paid was 1.25. The defendant in reliance upon the representations from the claimant duly paid these sums. The further sums sought are as a result of commission at 1.5%. The claimant is estopped for the reasons above for these sums due.2. Further or in the alternative the claimant has failed to act with all reasonable skill and care.
Expert:  Ash replied 10 months ago.
Does that clarify?Alex
Customer: replied 10 months ago.
yes thank you
Expert:  Ash replied 10 months ago.
Good luckAlex
Expert:  Ash replied 10 months ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice