can a conveyancing solicitor increase her fees on day before exchange?

[MamaChris]

Selling my leasehold flat has been awful. Buyers are **s. Freeholder even worse. It has taken a lot of work for my solicitor, with whom I had agreed a fixed fee before starting. (Although, my purchase has been swift and smooth - very little work for her). She put in an email today (again, we're due to exchange tomorrow) that there has been more work than she was expecting so has increased her fee. Of course, being stupid, I signed and returned the terms and conditions without keeping a copy, so can't check. But I assume if she's doing it, it must be covered in there.

I am really angry with her for failing to keep me up to date on progress (and obstacles) as our exchange date has been pushed back incrementally over the last couple of weeks. My estate agent said I shouldn't pay the extra fee. Can I refuse to pay?

Sorry to hear about your plight. Have you considered applying for a Remuneration Certificate? It gives an opinion of how fair and reasonable your solicitor's charges are.

The Legal Complaints Service provides this service free of charge.

I hadn't heard of that. Thank you, it looks a useful avenue to explore.

I had thought a fixed fee was, well, a fixed fee? I'd query it. As for you signing and returning the T & C's you really had no choice as you were put under pressure. I'd complain

Remuneration certs are only for certain areas of work I think, not sure whether conveyancing is covered or not. They'll send you a copy of the T and Cs if you ask.

Mumoverses makes a good point. However, if she agreed to do a simple job which has turned into a nightmare job, it may be reasonable for her to charge more. All will depend on the original T&Cs so check those.

Have you got a quote in writing? If so they should keep to it. If not as Sylvie springs says apply for a remuneration cert and also there should be standard terms on the bill when you receive it. You should apply to the solicitor for this within 28 days

the quote was by email. I'll check the terms when the final bill arrives, then.

OP, you say the transaction was "swift and smooth" and then you refer to obstacles and that your exchange date has been pushed back - this would suggest it's not as smooth as it seemed. I'm a conveyancing solicitor, and unfortunately, there is often a lot of behind the scenes to-ing and fro-ing which is unavoidable. The client doesn't usually see it - some of my files on "straightforward" matters can get to be sooooo thick with paperwork you wouldn't believe it!

Look here for details on the remuneration certificate.

But before you go down that route, ask her to itemise her bill, to clarify the position. She'll probably be happy to go through it with you and hopefully she will be able to show you where the additional costs were incurred, but I agree, it does seem unfair to raise the bill at the last minute.

However, that said, there isn't really any such thing as "the day before exchange" because exchange is a totally movable feast and until it actually happens, when it eventually DOES happen, nothing is set in stone.

I hope it resolves itself and you get to move to your new home soon.

hoping it resolves too pookamoo!

to clarify, the sale of our flat has been a big hassle. but the purchase has been really simple - no non-standard queries, the solicitor has just sent me the searches as they came in and the sellers have waited patiently while our sale has wandered off course. I kind of think the smooth sailing on one could partly offset the enormous hassle on the other.