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Legal matters

conveyancing solicitor has just dumped us in a load of trouble

4 replies

Wailywailywaily · 10/01/2012 20:27

We are buying our house privately as we are already renting from the owner, we had to haggle over the price and eventually a price was agreed on plus a few grand more for chattels (we rented it with quite a few items which are included in chattels) plus this helps to avoid some stamp duty.

We have had a bit of trouble getting a mortgage because only my husbands income can be taken into account and he is nearly 60, but we eventually managed it.

We met the solicitor in the middle of December to go through and sign the contracts and we exchanged contracts last Friday.

Today the solicitor called us to say that the mortgage company has reduced its offer because he told them that the price of the house was several grand less than we told them. He says that he had to do this because he felt that the price of the chattels was too high and we were attempting to commit fraud. (we have spoken to a different solicitor, several months ago, regarding the chattels and he thought it was just about on the limits of acceptable so we did know we were pushing it but hoped it was ok).

Now I accept that we may have been trying to avoid stamp duty by adding a little bit too much to chattels, what I'm very angry about is -
firstly, we are three days from completion what the hell took him so long? he knew what the deal was over a month ago don't you think he could have pointed out that it wasn't on back then?
secondly he is supposed to be our solicitor, did it not occur to him to let us know that he had to do this before he actually went and did it? and certainly before we signed and exchanged contracts.

We are now in a situation were we have to complete in three days and we simply do not have the money to do so.

Is this acceptable behaviour from our solicitor? maybe he was right to question the whole chattels thing but shouldn't he have raised this with us before this point?

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MOSagain · 11/01/2012 10:04

how much is a few grand?

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Collaborate · 11/01/2012 11:22

Your solicitor is not just there for you. He is there for the mortgage company too, and has to look after their interests.

If you are trying to avoid stamp duty that is fraud, and your solicitor is right to do what he has done.

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Wailywailywaily · 11/01/2012 13:43

MO 2 grand
Collaborate My solicitor is being paid by me. He had several months to raise his concerns why did he choose the very last minute when everything was singed and we have absolutely no options. I think it was extremely underhanded of him and very sloppy work.
We are not trying to commit fraud, as I have already said, we did get advice as to the chattels and it was agreed that it was fine, just.

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RoughShooting · 11/01/2012 13:49

Can you raise two grand any other way? Even a credit card as a last resort would give you the money to complete, and you could then prioritise paying it off asap. I agree he should have raised his concerns earlier, and with you first rather than the mortgage company, but I guess all you can do at this stage is solve the problem you find yourself with - family loan, bank loan, sell a car, credit card, etc are all possibilities, can you do any of these things?

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