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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10227
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I sold my ex council property nearly 4 years ago, and moved

Resolved Question:

I sold my ex council property nearly 4 years ago, and moved to Chelmsford. In the cost of the move was payment for a new roof that the council had installed to the council property before l moved. Last year I had an email out of the blue from my solicitors to say that they had retained over £4000 from the sale to cover the cost of any outstanding bills from Hackney Council. This was news to me, as I thought everything had been paid up. I waited a further 2 months, and was then told by the solicitors that everything was now in order, and l was to receive the £4000 back which was a big surprise to me.
Now I have received a letter from them stating that this was not so, and I need to pay £1.684.63 to Hackney Council for the cost of the roof. I do not have this money, and feel that its unfair that l have to pay for their mistake after all these years. Is there any advice you can give me regarding this?
Submitted: 6 months ago.
Category: Law
Expert:  Aston Lawyer replied 6 months ago.

Hi,

Thanks for your enquiry.

Whether you are responsible or not depends on what was agreed in the Sale Contract. I am guessing that the Solicitors agreed that any Bill received from the Council in respect of the roof would be payable by you. (Hence why they held on to the £4,000 from the Sale proceeds, on the assumption that this sum would more than cover any Bill received).

Would you say this is correct?

This should of course all been explained to you. Was it?

Kind Regards

Al

Customer: replied 6 months ago.
I knew I would have to pay for the roof right from the start of the sale, which I thought I had done, and I never disputed this. When I got the email from the solicitors stating that they had kept £4000 for this, it was a surprise to me, so no it wasn't explained to me. But I got it back 2 months later, when they said they had contacted Hackney Council regarding this, and the council had said that everything was paid and there were no outstanding money due.
Expert:  Aston Lawyer replied 6 months ago.

Hi,

Thanks for your reply.

Have you got anything in writing form the Council, saying that no further monies were due?

Kind Regards

Al

Customer: replied 6 months ago.
I haven't. But RG solicitors must have from when they paid the money back to me. I have emailed them this morning regarding this.
Expert:  Aston Lawyer replied 6 months ago.
Hi, apologies for the delay. Not sure if you have had a reply from your Solicitors yet. It appears to me that if the Council have made a mistake, then they should write off the debt and you should argue this with them. If they do not, the outstanding sum will be registered as a local land charge meaning that your Buyer will at some stage have to pay it before he sells, if you do not pay. In this scenario, your Buyer is likely to pursue you for the outstanding sum PROVIDED the Sale Contract does indeed make you fully liable for the full cost of the roof repairs. Accordingly, ideally, I need to know exactly what the Sale Contract says, if you could obtain this information from your Solicitors? If the Contract does state that you are responsible for the full cost and your Buyer does pursue you, you would then be advised to raise a complaint against your Solicitor for not advising you correctly. I will await to hear from you but the above sets out the legal position. Kind Regards Al
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10227
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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