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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1714
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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If i have to make a complaint against an advocate who acted

Customer Question

If i have to make a complaint against an advocate who acted for the vendor in property conveyance which collapsed ..as (i) the purchaser pulled out of the deal after the vendors advocate had transferred Title into his name. Can i cite the advocate for : a.Withholding funds( 10%) which was paid to the vendor.b. Dishonorable conduct..? Please advice in form of affidavit.
Submitted: 10 months ago.
Category: UK Property Law
Expert:  Clare replied 10 months ago.

Hi

Thank you for your question

My name is ***** ***** I shall do my best to help you but I need some further information first.

Which part of the Uk was the property in?

Customer: replied 10 months ago.
Hackney/E5, London
Expert:  Clare replied 10 months ago.

Can you explain exactly what happened please

Customer: replied 10 months ago.
The purchaser had paid the full amount to the vendor's solicitor but after the property was transferred into his name he decides to pull out of the deal. So can he sue the vendor's solicitor after 90% of the whole amount was paid back? And can the vendor's solicitor be sued for dishonourable conduct?
Expert:  Clare replied 10 months ago.

Had contracts been exchanged and when did this happen?

Customer: replied 10 months ago.
Contracts had been changed.
Expert:  Clare replied 10 months ago.

Right - Contracts were exchanged and the deposit was paid.

Then what happened - and are you the buyer or the seller

Customer: replied 10 months ago.
I am the seller but now the buyer is suing my lawyer, he was refunded his 90% back and the 10% was used to cover for the expenses met.
Expert:  Clare replied 10 months ago.

Why did you pull out of the sale?

Customer: replied 10 months ago.
The buyer is the one who pulled out of the deal without giving any reason.
Expert:  Clare replied 10 months ago.

So contracts were exchanged, the transaction went ahead and then the buyer asked to reverse it.

Why?

Customer: replied 10 months ago.
He did not give any valid reason
Expert:  Clare replied 9 months ago.

Hi

This doe snot make sense

Once the completion has taken place and the monies have passed over there is no going back - what exactly did your lawyer say about this

Clare

Customer: replied 9 months ago.
Now he is suing my solicitor because he gave him back 90% of the purchase price but retained the 10% for the expenses met. Now the purchase also wants the 10% back. Please advice on what we me and my solicitor can do on that suit.
Expert:  Clare replied 9 months ago.

In order to help I need to understand why the buyer was entitled to reversed the transaction at all

From what you have said the whole transaction was completed and then reversed - which can only be done if there is a serious problem with the

title to the property (or some other wrongdoing)

Once I understand WHY it could happen I can help you - so why did he do this - he cannot not have given a reason as otherwise the money would not have been refunded

Customer: replied 9 months ago.
At first he went and saw the property and agreed then later he changed his mind saying that whatever he wanted to construct on that piece of land wont be possible. So the solicitor to give 90% back and told him he had used the 10% for the other legal processes. Now after 4 yrs after that transaction he's suing us. Can u assist on this or not?
Customer: replied 9 months ago.
Because I have answered everything you wanted to know. And i have also paid the fee you requested. See how you can assist.
Expert:  Clare replied 9 months ago.

On what basis was the money refunded at all - was there a condition that you did not fulfill

Customer: replied 9 months ago.
There was no condition we returned the money after he pulled out of the deal. Just that
Expert:  Clare replied 9 months ago.

Under English Property Law once Completion has taken place and ownership transferred it cannot just be reversed - that is why I do not understand what has actually happened.

The step before completion is the Exchange of Contracts.

Once Contracts have been exchanged both parties are bound to the transaction.

If the Purchaser wishes to pull out at that stage then the deposit would be forfeit.

Given that can you explain how and when the buyer pulled out?

Customer: replied 9 months ago.
After everything was completed. Even the exchange of contracts
Expert:  Clare replied 9 months ago.

Exchange of Contracts is NOT the final step - it is the penultimate one.

At what stage did it fail

Customer: replied 9 months ago.
After the title was registered under his name and the whole purchasing price paid
Expert:  Clare replied 9 months ago.

Then on what basis did you agree to refund him anything?

Customer: replied 9 months ago.
Now this is the law anything can happen now in my situation where a law suit has been filed, what can you advise the solicitor to do?
Expert:  Clare replied 9 months ago.

I do not understand why the money was refunded at all - and until I understand why he was refunded I cannot comment.

Looking at the paperwork WHY did he think he was entitled to any money back at all

Customer: replied 9 months ago.
Please give me a refund of my money.

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