Purchase Of Flat - Service Charges

[Barquentine]

If the buyer solicitor has repeatedly requested evidence of service charges i.e. statements, service charge demands etc but the seller solicitor has replied variously that 'there are none', or, his client 'is looking for them', or 'none available and service charges are levied on an ad hoc basis' - then the seller solicitor's replies to Requisitions on Title following exchange say completion statement 'to follow' - which is then not received until 8pm the night before completion - the buyer has sent the £2.5million completion monies and seller solicitor then refuses to complete because the apportioned service charge allegedly paid by his client has not been sent - a payment for which no clear service charge receipt or receipted statement or demand has been provided - and the buyer is left outside their new property with the seller solicitor refusing to complete and then deal with such de minimis amounts after completion - does the seller solicitor's conduct call for further investigation by the SRA?

[barry1010]

Who hasn't paid the service charge? The buyer or the seller? Your post would be much easier to understand if you used a few full stops.

[Barquentine]

The seller solicitor claims the seller has paid and want reimbursment of the correct proportion of that prepayment. No evidence that service charges are demanded or paid has been provided. Usually a clear service charge statement or a receipted demand will be provided. Here - nothing. Seller solicitor says service charges are "ad hoc". The seller also replied insurance premiums are part of the service charge (in the leasehold info form). But seller's solicitor also asking for £1500 insurance premium in addition to service charges he expects us to take his word for it have been paid. These extra sums only notified after too late to add to completion amount. We are expected to just agree to pay just under an extra £2/- because seller solicitor will not release keys despite receiving £2.5 million from buyer.

[barry1010]

I think the buyer's solicitor should also be considered for a referral to the SRA having allowed the purchase to get as far as it did without all the essential information.

[calmck]

My daughter has a flat. Service charges paid bi annually. Building insurance included but not individual flats. Accounts published annually through management company. You really need to see the accounts

[THECORBYLOON]

If you're quibbling over a "de minimis amount" for the seller, it's also "de minimis" for the buyer.

A figure of £1,500 compared to £2.5milion is propprtionately the same as £12 compared to £200,000 so why not say it's being paid under protest subject to the confirmation it's due?

[Barquentine]

Agreed. Buyer's solicitor should have kidnapped the seller's solicitor and tortured him until he provided the answers the buyer solicitor had been asking for 4 months. What are the most effective torture methods for recalcitrant, obstreperous and uncooperative conveyancing lawyers.