Solcitors have made a mistake and now buyer taking action against us

(14 Posts)
HuckleberryGin Tue 13-Sep-16 11:44:47

Very difficult buyer from the outset. We had an original sale and purchase, that fell through when our buyers pulled out. We then sold the house again and by this point had lost our original purchase so found a new house.
We instructed solicitor (via email- main form of contact both from us and them) that we would require a new fixtures and fittings form as we would not be including the same things (due to new purchase, new things left). They sent one.

We were delayed in sending it back as we waited for our sellers to send us theirs, so we knew what they were including. I sent it to solicitor via email- it excluded some items but offered them for sale. We never had a response, so assumed they didn't want to purchase them. We removed them from property ( a shed and a dishwasher).

The buyer is now seeking recourse from us due to believing that they were included. Solicitors have not admitted guilt, but I can only imagine that they sent the original one in error. The buyer says her recourse is to me and then I have to make a claim for compensation to our solicitors. But we don't have the money? What if we don't get the compensation but have already paid out.

This is all so bloody stressful.

fairgroundsnack Tue 13-Sep-16 11:49:21

Your buyer is correct - their recourse is to you and then you have recourse against your solicitor. Your buyer has no relationship with your solicitor so cannot claim against them directly.

Your solicitor will have PI insurance and their insurer will probably deal with the claim you have against them (depending on the value). I'm afraid you may need to get another firm of solicitors involved to bring the claim against your original solicitors. Again this depends on value - if it is a relatively small amount then it may be settled without this.

When you originally engaged your solicitors you should have received an engagement letter which told you who to speak to in relation to complaints - have you got in touch with them?

namechangedtoday15 Tue 13-Sep-16 11:55:36

Agree with PP - put it in writing to solicitors (and refer to complaints procedure). Set out that you anticipate old F&F form was sent to buyers and get them to check file. The solicitors are likely to settle if they are at fault given the low value.

HuckleberryGin Tue 13-Sep-16 12:00:35

Oh balls. We don't have £500 sad

The solicitor knows as they received a letter from buyers solicitor. They rang me and said it was listed included- then I guided them towards email sending new form. They are apparently meeting with a partner to discuss tomorrow.

If we get another firm of solicitors that will cost more money. Oh God. My mental health is hanging on by a show string and now this. I've just burst into tears at work over this. Realise my mental health is none of their concern.

I have got copy of complaints procedure I will try and sort that.

gillybeanz Tue 13-Sep-16 12:08:07

If the shed was removable why not just give them the shed and the dish washer.
I wonder if they are bluffing as surely it would cost more thn the shed and dw to take you to court.

Tiggeryoubastard Tue 13-Sep-16 12:10:46

Stop. Breathe. smile They've already admitted they fucked up. To them it's not a great deal of money. They're feasting up and getting a major bollocking talking to a partner tomorrow. They will pay. I guarantee you. Make sure you impress on them the stress this is causing you. Don't worry. As a matter of courtesy keep your purchaser informed.

Tiggeryoubastard Tue 13-Sep-16 12:11:34

Fessing up, not feasting.

MrsHulk Tue 13-Sep-16 12:15:01

The lawyers will pay up, don't worry. This is clear cut their fault.

HuckleberryGin Tue 13-Sep-16 12:17:30

Thanks. We gave them away to friends who needed them. AS far as I was aware we had offered them and marked them as excluded, so we could with them as we wished.

YelloDraw Tue 13-Sep-16 13:01:31

Oh Huck what a PITA, so sorry.

Keep the buyers informed, and don't pay anything out yet. You need to solution to come from your solicitors, and then you can action.

TremoloGreen Tue 13-Sep-16 17:35:42

This sounds absolutely shit after the hassle and worry of buying/selling should be done and dusted.

How much compensation do the buyers actually want? A dishwasher and a shed in used condition, we are talking a few hundred tops not thousands. No way will it go to court. This is small fry to a company of solicitors and it will just come out of insurance... hopefully once they've had their chat tomorrow, you'll get some good news that they

TremoloGreen Tue 13-Sep-16 17:36:21

they're accepting responsibility. Sorry, posted too soon!

HereIAm20 Tue 13-Sep-16 20:43:27

In this case it will most likely be settled by your solicitor paying the buyer direct. Most firms have a huge excess and the highest number of claims relate to conveyancing matters. In the grand scheme of things this is such a small claim I would be highly surprised if the solicitors don't just pay up. Just point out to them that you sent the form to them on x date and that they have been negligent in failing to send the correct form on and indeed in breach of contract.

imsorryiasked Tue 13-Sep-16 20:54:36

OP you should be able to delay payment to your buyers until aged you have received payment from your Solicitors.

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