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Original poster

Solicitor asking for more money months after completion due to their error

27 replies

walterwhitesgf · 11/10/2022 12:46

Sale completed on property August this year.
My solicitor paid all dispersements including Estate Agents fee and transferred the balance to me.
I received an email today saying they made an error drawing up the completion statement showing the estate agent bill as £800 short meaning they paid me £800 too much. They have paid the correct amount to the EA so now have a shortfall in their accounts and want me to pay them £800.
Other than to check the amount they paid me was about what I expected ,I didn't scrutinise the completion statement as I assumed everything would be correct.
Any legal people able to advise me ? My initial response was ...not my mistake .Do I have to pay them ?

OP posts:
Tessasanderson · 11/10/2022 12:48

Of course you do. Otherwise its theft.

Is that how it works these days, a mistake is made so fuck you?

toomanyflapjacks · 11/10/2022 12:51

This happened to me with a house purchase. A secretary switched two figures by mistake (eg £2354 instead of £2534). They contacted me when they realised and I paid up. It was annoying but it didn't occur to me not to pay - I did owe it, after all! I think that's all you can do.

Hummingbird33 · 11/10/2022 12:57

I think you should just pay up. You should've checked the statement on completion really and know how much you were due to pay the estate agent.

It's annoying but ultimately you owe them that money.

listsandbudgets · 11/10/2022 13:01

I imagine you'd have noticed if they'd charged you £800 more than you'd expected?

I think you have to pay up on this on OP

DevaleraSpawnOfSatan · 11/10/2022 13:02

Cough up.

sandytooth · 11/10/2022 13:03

Tessasanderson · 11/10/2022 12:48

Of course you do. Otherwise its theft.

Is that how it works these days, a mistake is made so fuck you?

This.

Also they are solicitors so I'd trust they know the legality. you could always pay another solicitor to find out?

Dragonskin · 11/10/2022 13:13

My initial response was ...not my mistake .Do I have to pay them ?

Yes of course you do! People are human, people sometimes make mistakes and that doesn't mean that you get out of paying, that's just CF territory.

You should also have reviewed the completion statement properly, not doing so was your mistake

TiaraBoo · 11/10/2022 13:24

Yes I’d pay them.
My solicitor made mistake and said I owed them 10k less than I expected, luckily I checked every penny against my own tracker and could see their glaring error.

Barton10 · 11/10/2022 13:25

Of course you do and if you don't they will sue you for the money. Mistakes happen and at the end of the day you are responsible for the payments to the agents not them.

ChilliBandit · 11/10/2022 13:26

Yes you have to pay them. Mine accidentally refunded me part of the costs and didn’t realise for 6 months, I paid it back no questions (once I’d checked the paperwork).

SaltyCrisp · 11/10/2022 13:30

Why didn't you check the completion statement?

2bazookas · 11/10/2022 13:33

Your mistake, was not thoroughly checking the account when they presented it.

I would first, double check their story with the Estate Agent by asking " There is some discrepancy in my lawyers account; I just want to check how much they paid you for your services, and when, in sale REF number."

Rosehugger · 11/10/2022 13:35

Yes, I would also check with the estate agent first.

They should also give you time to pay. Not everyone can just find £800 and it was their error.

NeverDrinkingAgainUntilNextTime · 11/10/2022 13:39

Of course you pay them, you had the service the disbursement related to, so you pay.
I'm sure if you overpaid them £800 you'd expect that back quick smart

whiteroseredrose · 11/10/2022 13:41

listsandbudgets · 11/10/2022 13:01

I imagine you'd have noticed if they'd charged you £800 more than you'd expected?

I think you have to pay up on this on OP

But do you think they would have owned up?

Mischance · 11/10/2022 13:43

I would check with the estate agent about their fee; and if it tallies then I guess you have to pay up. It is a bit disappointing that they can get their figures mixed up.

I spotted an error in similar circumstances - it was in my favour - they paid up.

EndlessMagpies · 11/10/2022 13:49

I can't help wondering whether they would have sent you some money had the mistake been in their favour instead...

Ask them for a full breakdown, and contact your estate agent and ask them to confirm the amount they charged.

dragonbreaths · 11/10/2022 13:52

we've just paid an extra £2500 the solicitors miscalculated in property taxes. I really didn't think it was worth arguments with a law firm. Plus we did actually owe it

Blowyourowntrumpet · 11/10/2022 13:53

Of course you have to pay. It's not your money

Chewbecca · 11/10/2022 13:58

If I had noticed, I would have put the money aside and kept my fingers crossed the solicitors didn’t notice, then groan and pay when they did.
If I hadn’t noticed, I would accept I owed it but if I didn’t have the money I would ask for a reduction or delay or staggered payment.

ShadowPuppets · 11/10/2022 13:58

whiteroseredrose · 11/10/2022 13:41

But do you think they would have owned up?

Show quote history

They have to - I week for a solicitor’s. We get audited, as soon as it came to light that a client account was £800 in credit when we were closing the file we’d have to contact to refund.

ShadowPuppets · 11/10/2022 13:59

Work. I can spell!

sunshineamongsttheshitstorm · 11/10/2022 14:08

Yes you have to pay 😂 of course you do!!!!!
And by the way it's both your mistake , you should have checked, I'm guessing you already knew, who doesn't work out what they will be paying? Are you saying if they'd have charged £800 more you wouldn't have known that way round. I think not. Pay the bill. Stop trying to cash in on a mistake.

QueenAnnesHat · 11/10/2022 14:10

I had something similar when selling my mum's flat - although maybe of greater magnitude. The freeholder of the flat was a housing association and £6,000 was due to them on the sale of the flat as a contribution to their sinking fund. All legit and in the original contract when she bought the flat. But the solicitor didn't spot it and came for the money a couple of months after the sale, when the HA contacted them about it. I was incandescent, especially as the solicitor in question was extremely rude about it and tried to blame me, and then the HA, when it was very clearly her mistake. Anyway, after pursuing the managing partner of the firm, who was very elusive, and threatening them with a complaint to their professional body, I managed to get mum a full refund of their fees and a contribution towards the loss of income from the £6k, as it had been invested to pay for her care home fees. I did however, pay the £6K to the HA, as I recognised that this should have happened in the first place.

Original poster
walterwhitesgf · 11/10/2022 15:02

The completion document all added up and appeared correct. As to who doesnt work out exactly what they will get out of the sale, i had a ball park figure, but was on a variable rate mortgage which was changing month by month at that point, there were delays in the sale at the last minute incurring costs so i didn't have an exact figure. The solicitor has a business 'relationship' with the estate agent so when they said they would deal with that bill I thought great job done .I had not realised anything was wrong with the bill . I will be checking with the EA that they have received the correct amount and I do accept , if everything is in order , I will need to pay that money to the solicitor. But I asked the question because I was genuinely surprised to be asked for more money due to their error when everything was completed months ago

OP posts:
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