Solicitor using booking deposit as fee

S

Sapphire2

Guest
Hi,

I am looking for some answers about whether a solicitor (whose services I have discharged) has the right to deduct their fee from a cheque which was lodged with them as a booking deposit on the purchase of a property - which should have been passed on to the vendors solicitor? I believe that this cheque was not theirs to deduct from?
 
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OK, you've discharged their services. Do they perhaps think you might not pay their bill when they issue invoice and, if you do intend to pay their bill when it issues, is that much different from them taking their fee from the booking deposit?

mf
 
How it worked with us was the solicitor
we paid the deposit to solicitor & presumed it got to the other solicitor,
our guy drew down the (100%) mortgage and when the whole lot was done sent us a cheque to the value of the booking deposit less his fee.
He should not deduct his fee until the transaction is completed and all is done (how else can he know the total to deduct).
I hope i have not confused the issue, except to say our solicitor did dip into our money before giving us the balance - but he gave us a detailed breakdown that was quite transparent.
 
Thanks MF,

Yes they probably believe that we wold not pay although that was never my intention. And yes if it has to be paid whats the difference but it was the fact that they had held on to that cheque which was supposed to be passed on the the vendors solicitor, so I just feel that it was quite cheeky of them to take their fee in such a manner.

Regards,

Sapphire2
 
Thanks Nelly,

I know, it seems a bit unethical to have your hard earned cashed taken like that. I lived in Scotland for many years and that would never have happened. A bill would be issued when the work was finished and clients would be given the chance to pay.

Regards,

Sapphire2
 
It may be that they did pass the deposit cheque on. When they drew the 100% mortgage down and paid the balance, they then would have been left with an amount equal to the booking deposit.
 
Think that last post is missing the OP train of thought, I had similar situation recently where the solicitor reduced my mortgage cheque by the amount of his fees.
In my case I queried the fees and refused my mortgage cheque as solicitor had taken too much IMO for duties carried out.

IMO an invoice should be raised and the customer should be allowed the grace to settle the invoice, rather that the solicitor deducting the fees directly.
 
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