Please can someone advise me we have recently sold my late mothers property that was under a management company and she paid a yearly management fee.
When we came to sell the property there were 2 different final settlement management fee clauses in the contract.
the first one was 0.5% of the selling price paid on completion of the sale. Our solicitors paid this fee on completion and the sale went through. We have then had a final invoice from the management company saying we have paid the incorrect amount and the clause we took from the contract was the wrong one and the other clause was the one we should have paid.
The other clause was telling us we needed to pay 0.5% of the fee we paid for the property then multiplied by the number of years my mother lived there. This fee is over £3000 more than we paid the management company.
My mother paid the yearly management fee via direct debit and was not in any arrears with this fee, i understand that the payment they are asking for is unlawful (our solicitor told us this) but they are still chasing us for this.
Was there not something that the Office of Fair Trading's 2012 said that if a tenant had paid yearly fees they couldn't claim back any more fees on sale of the property over the period they lived there.
Any help gratefully received
When we came to sell the property there were 2 different final settlement management fee clauses in the contract.
the first one was 0.5% of the selling price paid on completion of the sale. Our solicitors paid this fee on completion and the sale went through. We have then had a final invoice from the management company saying we have paid the incorrect amount and the clause we took from the contract was the wrong one and the other clause was the one we should have paid.
The other clause was telling us we needed to pay 0.5% of the fee we paid for the property then multiplied by the number of years my mother lived there. This fee is over £3000 more than we paid the management company.
My mother paid the yearly management fee via direct debit and was not in any arrears with this fee, i understand that the payment they are asking for is unlawful (our solicitor told us this) but they are still chasing us for this.
Was there not something that the Office of Fair Trading's 2012 said that if a tenant had paid yearly fees they couldn't claim back any more fees on sale of the property over the period they lived there.
Any help gratefully received