I need some advice on a property I've just purchased and whether I have any recourse against my solicitor?
I bought a property in April of this year- it's a freehold building with shop and leasehold flat above. As there is a commercial element to the property, I couldn't use my usual solicitor and she recommended a partner in her firm. I paid twice as much for this but accepted it as I assumed she would have the experience to back up the extra cost.
From the beginning I was sceptical- her emails were rambling and confusing, she complained about the amount of documents in the legal pack and then just as we were discussing a completion date, she advised me that there would be a delay as I needed another search; she'd only just had a chance to properly look through my file and seen I didn't have one (it was a purchase under auction conditions so the pack had already been compiled). Luckily it came through in time otherwise I would have faced financial penalties for late completion.
After completion, I had to call HMRC on her request as they kept sending me stamp duty payment demands despite me paying her direct.
What also came to light, and what my issue is now, is that the rent from the shop had been paid to the vendor (at the time of payment, he was still the owner so I assume that the management agents were correct to do this).
When I spoke with my solicitor about why this hadn't been accounted for in the completion statement, her words were 'oh, I hadn't thought about the rent'. Surely if you deal with commercial property, this isn't an unusual occurrence? The lease and payment terms were in the legal pack so she obviously hadn't taken much time looking over it.
It has now been over 4 months and the vendor is trying everything not to pay this back. Am I within my rights to ask my solicitor's firm to reimburse me whilst they fight it? Or should I be putting a complaint in?
Any advice would be much appreciated.
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7 replies
Staringouttosea · 16/08/2020 13:09
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