Is over 3k way too much for a poorly executed conveyance?

M

monkeyboy

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My fee has arrived it is 2k plus 1k outlays and VAT totalling over 3400.#

The price was not mentioned before ( I am aware I should have agreed it but as I say next ) and was substantially more then my previous conveyance with same solicitor, which also I have proven, he botched. ( this only became apparent after I had committed to the 2nd ) I know for a fact after issues arose that the "unusual" document, a Fee Farm Grant, was not reviewed by him at all sufficiently.

The 2nd conveyance was also botched, as it has taken a year to realise that the deeds were never received by the solicitor, but of course, this is apparently my fault.

All issues aside of performance if no fee was agreed and the fee difers from previous and is also IMO, excessive what may I do ?

Issues of performance into the equation, what are opinions

I feel like submitting the completed documents direct to the vendors solcitor, with an instruction to only communicate with me going forward - can I do this ?


cheers MB
 
monkeyboy said:
My fee has arrived it is 2k plus 1k outlays and VAT totalling over 3400.#

The price was not mentioned before ( I am aware I should have agreed it but as I say next ) and was substantially more then my previous conveyance with same solicitor, which also I have proven, he botched. ( this only became apparent after I had committed to the 2nd ) I know for a fact after issues arose that the "unusual" document, a Fee Farm Grant, was not reviewed by him at all sufficiently.

The 2nd conveyance was also botched, as it has taken a year to realise that the deeds were never received by the solicitor, but of course, this is apparently my fault.

All issues aside of performance if no fee was agreed and the fee difers from previous and is also IMO, excessive what may I do ?

Issues of performance into the equation, what are opinions

I feel like submitting the completed documents direct to the vendors solcitor, with an instruction to only communicate with me going forward - can I do this ?


cheers MB
Click to expand...


Maybe contact the Law Society to complain about this.
 
You will know what I am going to say.

You assume in your post that people will know what you are talking about. They won't. Its not clear.

From previous posts, this relates to lost documents which, I assume, have now shown up and have been stamped availing of the Revenue amnesty.

Yes, the fee should have been discussed in advance. Failure to send a Section 68 letter is not a bar to recovery of legal fees. The fee on the face of it is not outrageous.

If you are unhappy with the service, you should complain to the Law Society. Be clear what you are complaining about. Its not clear from your post.

If I was the vendors solicitor, I would not deal directly with you. If there is a degree of complexity in the matter, you need to be separately legally represented. Perhaps you should talk to another solicitor and get an opinion on what happened and what needs to be done? If there is a lot of work still to be done as a result of the first solicitor's "negligence/botching" ask for a fee quote to put it right. Potentially, you could, if you can prove negligence/ botching, ask the first solictor for compensation.

mf
 
Why on earth would you use someone who had done bad work for you before?
As for going it alone and dealing with the vendor's solicitor yourself, do you really think you are able to do this? I would advise against it. A fee of 2K for a purchase does not sound unreasonable if it's for a house. Can you give the full details of the transaction and also the previous fee so we can see how you think it was excessive. Also need a time line.
 
mf1 said:
If I was the vendors solicitor, I would not deal directly with you. If there is a degree of complexity in the matter, you need to be separately legally represented. Perhaps you should talk to another solicitor and get an opinion on what happened and what needs to be done? If there is a lot of work still to be done as a result of the first solicitor's "negligence/botching" ask for a fee quote to put it right. Potentially, you could, if you can prove negligence/ botching, ask the first solictor for compensation.

mf
Click to expand...



No, there is no work left to be done other than the vendor to receive the signed FFG.
That is, if I am willing to sign it, now that I know the obligations contained therein due to my own research and not one bit of advice from the solictor oher than "sign here".
In fact I sat down and explained to him the terms contained.

MY other question you guys have also answeredwith regard to the fee, yes it is not unreasonable but I have an avenue to complain through, which I will follow up.

More details on the issue if you are interested, I have also spoken to Barrister on the topic and have been advised the situation was far from fair....but not illegal...

My contract of sale, which is signed and executed, states I must sign a Fee Farm Grant, the FFG has some extermely onerous and unreasonable terms in it that purchasers were not aware of.
( as no solictor pointed it out to them and would have been a valid reason not to make the purchase)
The residents committee, which I was part of, have spent 3 years negotiating direct with the developer and landlord, a break of 5 years from these terms - worth 100s of K over 5 years.
The fact that this battle has existed, been defended against and been won in the short term by us, shows the charges were not fair ( but unltimately legal ) and a real situation exists. ( not some crack pot poster with a grudge )

Essentially the terms obliged the development to pay a complex share of grounds maintenance, security etc for a mixed use development, over time it was clearly shown and demonstrated that substantiall costs being imposed on the resedential units were in fact costs for neighbouring commercial entities. This was obviously done to make over all fees more attractive to lure buiness to said area. This was done by a very complex weighting system and a term in the FFG obliging us to comitt to an undisclosed, un capped and uncontrollable cost for these services.

This was not apparent until over a year after closing, as the developer presented a dodgy budget early on, not outlining such costs at all.

Un fortuanately I had already committed to another sale with the same solicitor, by the time this came to light Bronte and this why I am using him again, I would not of course had this come to light sooner.

The latter incident involved another sale, solicitor never received my signed and returned documents and never realised this until over a year later. Did not even notice the cheque was not cashed until the vendors solicitors ( also took a year to notice ) contacted him.

Makes you wonder about the whole industry ...I issue contracts every day of the week and I am absolutey astounded at this carelessness or perhaps another "N" word, I could never get away with such behaviour !
 
"My contract of sale, which is signed and executed, states I must sign a Fee Farm Grant, the FFG has some extermely onerous and unreasonable terms in it that purchasers were not aware of.
( as no solictor pointed it out to them and would have been a valid reason not to make the purchase)"

Was this in Ireland or the UK?
 
MOB said:
"My contract of sale, which is signed and executed, states I must sign a Fee Farm Grant, the FFG has some extermely onerous and unreasonable terms in it that purchasers were not aware of.
( as no solictor pointed it out to them and would have been a valid reason not to make the purchase)"

Was this in Ireland or the UK?
Click to expand...

Yup Ireland, why?
 
A fee farm grant would be unusual in an Irish multi-unit\managed development. A 999 year lease is the norm.

It is very unfortunate that you and other purchasers of units in this development appear not to have properly comprehended what was involved in apportionment of Management Company charges. In a development consisting of only apartments, the job is fairly simple - it might be a charge per unit, or a certain charge for 1 beds and 125% of this for 2-beds and so on. But it is readily capable of being understood.

In a mixed commercial\residential development the rules are of necessity going to be more complex. I would probably charge a fee of €2k or possibly a little more for buying a unit in such a development. Mind you, I would also make sure my client understood what it was that he\she was signing.
 
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