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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10734
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I pay a legal exec. . An error is made in Land

Customer Question

I pay a legal exec. for conveyancing. An error is made in Land Reg. fees. The account was settled in full immediately upon receipt - there are no comments re subject to E&OE etc. Your opinion is earnestly sought!!!
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Are you saying that you were quoted a smaller Land Registry fee and they are looking for the shortfall from you? Did you have a Mortgage to finance your purchase?
Kind Regards
Customer: replied 3 years ago.

No. The whole thing was a cash purchase as an investment property.

Expert:  Aston Lawyer replied 3 years ago.
Thanks, ***** ***** you clarify the problem with the Land Reg fee.
Had they quoted you too little originally?
Kind Regards
Customer: replied 3 years ago.

The legal exec. quoted (and I paid for) the required land Reg fee (£95). She then came back to say 'made mistake' first register is £190 not £95 send me another £95!!!

Expert:  Aston Lawyer replied 3 years ago.
Thanks for your reply.
Most of us Solicitors do our Land Registry applications online. If so, provided the property is already registered at the Land Registry, the Land Registry give us a 50% discount off the normal price (on the basis that it is a lot easier and quicker for them to deal with an electronic application as opposed to a paper application).
If the property is subject to a first registration, the full Land Registry fee is payable as a paper application has to be made.
I am guessing that your purchase price was between £100,001 and £200,000 and hence the paper application fee is £195, whereas if the property was already registered it would have been £95.
I personally always quote the paper application fee to my clients at the beginning of a transaction, and then it is a nice surprise for them when I tell them the property is already registered and therefore they are entitled to a 50% discount.
There probably is only approximately 5% of properties in the UK which are not registered, and which do not therefore attract the 50% Land Registry discount.
I don't want to be seen as erring on the side of your legal exec (they should really have quoted the full fee to you), but at the end of the day, I am sure you would still have instructed them had they quoted you the correct fee at the onset, or if you had gone to another firm, this fee of £195 would still be payable.
In effect, therefore, you have not lost out and the £195 would and is payable. Your Legal exec should at the very least apologise, but whether she "compensates" you is up to her- if you complain in writing to their Complaints Partner, he may offer you a token goodwill gesture, but I can't say for certain this will happen.
I hope this assists you.
Kind Regards