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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11130
Experience:  30 years as a practising solicitor.
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My solicitor said they would waive the cost of something but

Resolved Question:

My solicitor said they would waive the cost of something but never put it in writing.
Submitted: 3 years ago.
Category: Scots Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help yu wihthis. What did he say he was going to waive and did he in fact waive it?

Customer:

Hello, it was the cost of refreshing our home report for selling our flat.

Customer:

It was £140, and was initially paid for by the solicitor and then recharged to myself.

Customer:

The reason for the refresh of the home report was there was a delay from the couple purchasing the flat and then we had to refresh the report. My solicitor said he would cover the cost but it was only over a phone call and nothing was in writing.

Customer:
Hi Philip,

 



 


Alex is out of the office just now but I will check this with him and revert to you. The money will be added on to the sum you are to receive post settlement.

 



 


Kind regards

 



 


 


 



 


 



 



From: Philip W [mailto:*****@******.***]
Sent: 09 January 2014 15:48
To: Lewis
Cc: Lucy
Subject: RE: Plot 67 Rosemount Meadows, Blairgowrie

Hello Lewis

I was under the impression that Alex was going to pick up the bill for refreshing the home report. £140.

Did the fee of £394 not cover the cost of the photographs?

regards
Phil.

Customer:

above is a copy of an email from myself to one of the trainee solicitors. I have taken out some of the contact information

LondonlawyerJ :

I am sorry but I did not notice that this was a Scottish law question. I am afraid I will not be able to help with this. You might want to contact just answer to get this question relisted as a Scottish law question.

Customer:

it was listed as a Scottish Law question

LondonlawyerJ :

\

Customer:

Has this been re-listed as Scots Law?

Expert:  JGM replied 3 years ago.
Thank you for your question.

As far as I can see your question was always listed as a Scots law question. I am a Scottish solicitor and will help you with this.

A verbal statement like this, if it was made, is binding on the solicitor although I'm not clear why he would pick up the cost for something that wasn't of his making.

I wonder if what was meant was that the solicitor would cover the cost of the refresh initially but would be refunded at settlement of the transaction? That is a more common scenario than the solicitor personally paying for the refresh report. Is there any reason why he would he do that?

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11130
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks, ***** ***** for the refresh was because we were waiting for paperwork to be processed for our new property with the help to buy scheme.


Also at the time that we accepted the offer the home report was still valid. Something was held up by the purchasers and therefore took longer hense the refresh of the home report.