I wonder if anyone knows if we can refuse to pay solicitor fees
We've been working towards both sale and purchase for several months. We had set a deadline with solicitors of 23rd August to complete due to our buyers' mortgage expiring on 25th. While we responded to all enquiries within a day of receipt, our buyers' solicitor took easily more than a week to review responses only to come back with more follow-up questions. Their latency in reviewing responses meant we were the week before target exchange date and enquiries still going back and forth.
Due to this we asked buyers if they could extend again, and in the time between the target exchange/completion dates and the extended period, one of them lost their job and they're now no longer able to buy from us.
We would have got it over the line if the buyers solicitor had responded with timeliness and worked towards the target exchange dates.
While most of the trouble was with the buyers solicitor, we are aware that our solicitor didn't send us some enquiries for at least a month and the buyers solicitor didn't follow up, so that lost time sitting in someone's inbox too.
Flat is back on the market but in the current climate we are doubtful we'll get new buyers and so we'll probably not move at all. I'm worried about now having to pay solicitor fees when actually both their and our solicitor failed to meet our brief of exchanging by the 23rd.
FYI we got a "no move no fee" however this only applies to the first abortive transaction. For our sale this will be the first aborted transaction but on our purchase we did have another property fall through, granted solicitor did no work on that one before it did.
Can we avoid losing money, do we have any consumer rights here?
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Recourse for missing exchange deadline
9 replies
NibbleQueen · 06/09/2020 21:32
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