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Advice need re not so good solicitors

Advice need re not so good solicitors

Old Apr 2nd 2015, 7:23 pm
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Default Advice need re not so good solicitors

Not sure if anyone here is able to help...Some advice please and if any one know a lawyer to ask I would be very grateful.
During the process of selling our uk house we agreed to reduce the price as there was some woodworm. However when the sale completed BOTH solicitors forgot about this and the contracts have been signed, exchanged & completed and monies exchanged at the original price. Now the buyers solicitors are asking for the money back.
as the contracts, which are legally binding, have all been signed, sealed, delivered does the mistake lie with the buyers solicitors and they have to compensate the buyers or are we LEGALLY obliged to return this money?
Thanks in advance
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Old Apr 2nd 2015, 7:57 pm
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Default Re: Advice need re not so good solicitors

I'm not a lawyer, but from my experience of contract law in the UK, what is in the signed contract is what counts, as the buyer didn't check what he was signing, that's not your problem. As you already have a lawyer, I would suggest you let him sort it out, as he didnt do what he was paid to do in the first place. It's also not wise to involve a third lawyer as lawyers dont like getting difficult with other lawyers (ethics, look after each other etc).
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Old Apr 2nd 2015, 9:13 pm
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Default Re: Advice need re not so good solicitors

as we have discussed this on the other place can I just add that there was 2 signed contracts, the initial price then the reduced price and from my understanding you signed both contracts. when it came for the transfer the original contract was sent over to action.

My thoughts and they are only thoughts is that the issue lies with the firm that sent the wrong contracts and the buyers solicitor for not picking up the mistake and paying out the original payment.
Looking at it morally you are aware of the mistake but I feel that legally you should not have to pay for it as you paid out good money for a service and expected that service to work appropriately, as did the buyers
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Old Apr 2nd 2015, 9:44 pm
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Default Re: Advice need re not so good solicitors

Although I am a lawyer, this is not legal advice, but rather a personal observation. If a dispute over a contract goes to Court, the contract would be interpreted according to the [I]intention of the parties, which is not necessarily reflected in the signed contract. It is quite possible that a Court would say you are legally bound to honour the lower price which you agreed. In any case, in my personal opinion, you are morally bound to honour the "real" agreement.

The possible negligence of your solicitor is another matter, and I suggest you contact the UK professional authority (the Solicitors Regulation Authority) for advice on this.
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Old Apr 3rd 2015, 2:04 am
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Default Re: Advice need re not so good solicitors

I'm a lawyer and agree with above. It's a mistake that both parties were aware of. If this went to court, I would agree that the courts would uphold the agreement
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Old Apr 3rd 2015, 8:39 am
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Default Re: Advice need re not so good solicitors

Originally Posted by Hebe View Post
I'm a lawyer and agree with above. It's a mistake that both parties were aware of. If this went to court, I would agree that the courts would uphold the agreement
Agreed (Although, unlike Hebe, I don't have a degree in law), seen this kind of thing before and I think it's classed as a "mutual mistake". Luckily it doesn't sound like it'll void the sale.

Go easy on your lawyer, never know if you'll need their services again .
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Old Apr 3rd 2015, 7:13 pm
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Default Re: Advice need re not so good solicitors

Just an observation but lawyers charge an obscene amount of money for their services and if two of them cant spot a simple mistake on a contract I would expect them to pay the difference.... It's never going to happen though

Neil
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Old Apr 3rd 2015, 7:19 pm
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Default Re: Advice need re not so good solicitors

You will end up having to honour the agreement, whether contracts were drawn up in mistake or not. Better to face that now than ages of extra legal wranglings.
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