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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11136
Experience:  30 years as a practising solicitor.
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I have POA mother My mothers flat was sold and the lawyer

Resolved Question:

I have POA for my mother My mothers flat was sold and the lawyer acting for her released the keys on the 27th November 2015. I thought the money should have been transfered from her lawyers client account that day into her account. I am being told by her lawyer that they received a cheque from the purchasers lawyer but it requires to be cleared in our lawyers client account before they can process which I am told will happen tomorrow friday 4th December 2015.
Is this correct legal procedure Should the check not have been cleared before the keys were released ?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
No, the solicitor is right and that is normal procedure. A solicitor's cheque, whilst guaranteed to clear, is not cleared funds and the solicitor can't overdraw his client account by electronically sending funds which haven't yet cleared in the client account.
He could have given you a cheque which would have cleared simultaneously with the purchaser's solicitor's cheque but he can't do a bank transfer until the funds are clear in his account. If he did so the Law Society would treat that as unsatisfactory conduct under the solicitors' Accounts Rules.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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