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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7569
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi my mum is selling her property she and my dad owned, he

Resolved Question:

Hi my mum is selling her property she and my dad owned, he has been left 18 years and it was split 60% to my mum and 40% to my dad. He decided to give his 4 children (me being one of them) his 40% making it 10% each. My mum is trying to take money off us to pay the fees can she do this? She has also taken money away from my dad which he was entitled to (shares and insurance policy) so to me she has had more than my fathers share to pay off the fee's herself
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
H
Sorry, what fees are you referring to?

Tom
Customer: replied 5 years ago.
Hi Tom it's the solicitors fees, she is having the estate agent fee's paid by the person who is buying the house but she still has the solicitors fees to pay which is what she wants to take out of our share as well as her own but my siblings and i feel she should be paying out of her own share not ours as well?
Expert:  Thomas replied 5 years ago.
Hi

How far through then conveyancing process is the matter?

Who has signed the solicitors client care/engagement letter?

Tom
Customer: replied 5 years ago.

I don't know how far through it is just that it is sold subject to contract, but i do know my dad signed a letter to when it was first put on the market leaving my mother to deal with giving the money out and also that his name is XXXXX XXXXX the mortgage even though he left 18 years ago sorry i can't be more help

 

Andrea

Expert:  Thomas replied 5 years ago.

Andrea,

 

If your mother has signed the solicitors client care letter from the solicitor then she will be liable for their fees if they remain unpaid following sale. If she arranged seeing the solicitor and the conveyancing process has commenced then she will have signed the solicitors terms of business.

 

In the absence of any court order to the contrarty stating costs are to be shared she will have to pay them. She could though be difficult and cease the process. If she really digs her heels in you might consider offering to pay the solicitors fees in proportion so that she paysw 60% with you other four paying 10%. This is based more on farness than law though.


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Kind regards,


Tom

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