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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
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Am I due compensation and re.imbursement for sloppy delayed

Customer Question

Am I due compensation and re.imbursement for sloppy delayed conveyance payment.? My solicitor accepted an offer for the sale of my house with cash transfer within the same 24 hour time span that I had to pay for my new house several hundred miles away from a developer. The sale price did not appear, I could not pay and get entry from the builders, my removal van waited outside several hours and had then to transport my possessions back to base and into storage to await a further trip south at my expense! I have always understood that solicitors carried insurance for such mistakes as under Scots Law they are responsible for the sale proceeds to appear on the due date - they taking the risk that the buyer will default at the last minute. I get the feeling that both solicitors wish to use the " old pals " act and make it all go away as " one of those things" Yours comments would be greatly appreciated. J. Munro
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Why did the sale price not appear?

Why do you think your solicitor is at fault?
Customer: replied 3 years ago.


I am not saying my solicitor was at fault - he could not transmit my buying price as he had not received sale proceeds of my old house by the deadline! It has been suggested by him that the buyer was tardy in engathering his funds to pay the purchase price, thus his agent could not release the price - or the ban fudged things. I am the victim of the delay and seriously out of pocket as a result - so is it reasonable for me to expect re-imbursement from one source or another?

Expert:  JGM replied 3 years ago.
Your solicitor does not carry insurance for this kind of thing as referred to in your original question. That is why I assumed you were erroneously blaming your solicitor because a solicitor's insurance only covers negligent acts by the solicitor.

However, you are correct that you should be recompensed for the delay.

Assuming you had concluded missives with your buyer, your remedy is to take action against the buyer for the delayed settlement. The missives normally provide for interest on the purchase price and the additional costs reasonably incurred by you as a result of the delayed settlement, such as additional moving costs, storage, the cost of remarketing if it came to that and additional legal fees. If the sale fell through completely then you could claim any loss on resale.

So your claim is against the buyer and the buyer alone.

I doubt the solicitor is playing old pals with the other solicitor. It may be that your solicitor is a conveyancing solicitor and isn't experienced in breach of contract claims. If so you should seek out a solicitor, either within the same practice or in another firm, that can help you with this.

Happy to discuss further.
Expert:  JGM replied 3 years ago.
Please let me know if I can assist you further. Otherwise please leave positive feedback so that I am credited for my time.
Customer: replied 3 years ago.

Thanks for your reply - which I have just found! being a non-tech golden oldie I was watching my incoming e-mails for your reply! I have to go away for a few days but will follow-up matters on my return - banks glitches may muddy the waters!JM

Expert:  JGM replied 3 years ago.
Please leave positive feedback so that I am credited for my time.
Expert:  JGM replied 3 years ago.
Please let me know if I can assist you further. Otherwise please leave positive feedback so that I am credited for my time.