How do estate agents know when a sale has gone through, and how do solicitors know to pay them commission?
What I mean is, how does a solicitor know which estate agent was used or whether or not to pay out? Because the seller would not answer such questions and lose saving the agent fee. And, if a seller signs a sole selling rights contract how does the estate agent keep track of when the property is sold if the seller then advertises privately or with another agent? Also, I know that solicitors pay the estate agent during the conveyancing process, but how exactly does the agent receive the money and keep track of the numerous properties being sold and their commissions on each? Lots of related questions, but answers to all would be great! Thank you.
Question answered by chip2001
OK, I work in an estate agency, so here goes:
When a sale is first agreed, a confirmation (sometimes called memorandum) of sale is sent out to the buyer, seller, and both sets of solicitors. Now everyone knows who's involved, including the solicitors knowing the agent.
When the conveyancing is finished, the solicitors exchange contracts and a date for completion is set.
On the day of completion, when the money is transferred, the seller's solicitor tells the other solicitor, and the agent, that the keys can be released.
The seller will be asked by his solicitor to give permission for the solicitor to pay the agent their commission.
Agencies keep careful check on the progress of each sale and invoice the solicitor on behalf of the seller on completion.
Regards a house being on with one agent and then selling privately or with another agent: the seller would normally tell his agent, but if you're joint agent with another, you're usually quick to gleefully tell the other agent that you have clinched the sale!
I think I've answered all your points, just add another detail if I've missed something.
NB Cheri S is obviously in the USA - I assume that you're in the UK, like me.
How do I know a solicitors is genuine?
I'm suing the NHS and have been put in touch with a solicitor in a different part of the country by First Claims. They said it was no win, no fee, plus I'll get 100% of the compensation. They're now asking for £400 plus VAT to get a specialist in my condition to look at my medical records. I've asked another no win, no fee solicitor if that's normal and they said yes. I've looked at the Law Society and they're not listed there; however, a genuine solicitors I know also isn't listed. I want to find out they're genuine before I give them any money. By the way it's Higgs and Sons in Stourbridge, if anyone's heard of them. Ta ta for any advice.
Please read my question properly. My mum used a solicitor who negotiated extra money from her employer-they're not listed by the Law Society, and I asked another no win, no fee company if it's normal to pay a specialist to look through the medical records and they said yes.
I looked for the individual solicitor on the Law Society website and she wasn't listed. Just had another look and the actual firm IS listed. So my question has changed to why is she not listed?
Terror Storm-see on Google Video
Question answered by Doethineb
The firm is long established (1875). http://www.higgsandsons.co.uk/home.asp There seems no doubt about its authenticity. Are you sure that the person you spoke to is a solicitor? Sometimes a legal executive or trainee solicitor will deal with routine matters within a firm and that may be the case with the person with whom you have been in contact, which could explain the absence of any reference in the Law Society records. It is perfectly in order for you to ask the records department of the Law Society about such a person, just to be sure. It sounds as though this individual is not taking on much responsibility at this stage, but merely referring the matter to someone who specialises in such matters.
Why do YOUR solicitors go AGAINST u and take the side of Social Services?
Solicitors talk to u so nice and friendly when u first go to see them. They tell u that u are being treated badly and tell u that u should use their services to help u. They come across as if they agree with u. And they tell u they HATE Social Services just as much as u. But suddenly they turn against u and support the SS. And u lose your baby to the SS.
Question answered by Elmbeard
I have been reading your history, which suggests you are a 14-year-old nymphomaniac with a series of much older boyfriends. I tread carefully, since it could be being written by a middle-aged man indulging a fantasy, or a police officer trawling the net for anyone confessing paedophile interests. Best though to take it at face value.
It seems your solicitor has been nobbled by the SS, who have reminded the strong power they have to remove children from whom they consider to be inappropriate parents. So much of child protection is based on social taboo and pseudoscience backed up by heavy moral outrage. It justifies breaking fundamental legal principles, such as human rights to family life, habeas corpus, or the right to a fair trial, by simply publishing an image of an abused child looking unhappy. Only when confronting the threat of terrorism is the law similarly flouted. Murderers seem to be much more softly treated.
The murders of Rikki Neave, Victoria Climbie and Peter Connelly, all of whom were known to the SS, suggest that modern child protection priorities are perverse.
Your best protection, if you are an underage mother, and the one traditionally used to protect such people from official interference, is for the grandmother to claim the baby as her own officially, and undertake to raise it and take responsibility for it, at least until the true mother reaches the age of 16 (or 18), and can legally take over without doors being broken down during a dawn raid. These days, though, even that is risky, since I remember one case of the parents of a 14-year-old mother who were arrested for harbouring a criminal, since they allowed the father of the baby to stay at the family home to care for the baby and its young mother.
If it were my own 14-year-old daughter who became a mother, I consider it my prime objective as a father and a grandfather to support and care for and protect both children from allcomers, and that includes ill-placed official interference. If asked why I gave the father of the baby all my encouragement to be a good supporting dad himself, to the limits of his abilities, and the prospect of a marriage in due course, I would simply say that I did not believe he was the father of the child, but that I admired him for loving my daughter so much, he was prepared to take her on, even with a baby.
Any Christian can testify there is a well-known precedent for this.
Solicitors in England are self employed people, who could well earn a decent income without going to court?
1. Generally speaking, is it true that Solicitors in England are self employed people, who could well earn a decent income in the immediate CONFINES of the office without ever having to go to court to represent their clients?
2. Generally, is it possible for Solicitors in England to make a decent living sat behind a desk for 8-10 hours a day, for 5 days a week, without ever having to go to court to represent their clients?
3. If the answers to 1 and 2 is "Yes", which areas of the law would be suitable for a Solicitor to make a living without going to court to represent their clients?
Question answered by SimonC
There are many fields of law and only a few have anything to do with going to court. Obviously criminal solicitors will spend a lot of time in court, as will solicitors practicing in personal injury. Areas like commercial, family law, child law, and employment may have a contentious (ie going to court) element, but you could still practice in non-contentious areas of these specialisms. Some fields, such as probate, wills, trusts, conveyancing, etc have little or no need to ever go to court.
Not all solicitors need to be self-employed. Partners own/run their own practice, but they also employ more junior solicitors. Solicitors can also be "in-house" - ie employed by local councils or large businesses to provide legal services to those organisations. Once qualified a solicitor is not permitted (by their regulator) to own their own firm straight away. They have to work as an employee first - I think for 5 years at least. This is to ensure they gain sufficient experience to run their own legal business.
Can a solicitors' firm be prosecuted for suborning client perjury?
Can a solicitors' firm be prosecuted for suborning their clients perjury in a family court in the UK.
Question answered by eriverpipe
Theoretically yes, but that'd be a hell of a case to make - assuming you are using 'suborning' correctly. It presumes that the solicitors induced or bribed their client to perjury. Obviously that would have to be proven, by evidence that such inducement or bribery occurred. If you ACTUALLY mean something more like 'conspiring with' or 'failing to disclose' perjury, then you would again have to have full evidence that the solicitors firm was aware that the client was commiting perjury, and even then there may well be an ethical cover for them in that they could merely say that they advised their client against telling lies in court, but that the client went ahead and did so anyway. And over and above this, in both cases, the actual perjury would have to be proven - obviously without perjury having been proven there is no case against the solicitor anyway. So the bottom line is that it's certainly not something I;d consider trying to pursue....
Received a solicitors letter - do I have to pay the solicitors fees along with the debt?
I received a solicitors letter for an unpaid bill. The bill is £150 but the bill including solicitors fees is £258.61. I dont have a problem paying the £150 but is there anyway out of paying the solicitors fees? The correspondence I received from the compant was never registered so could I claim that IO never recived the bill. I think this is a bit heavy handed. Advise is much appreciated.
Question answered by ihaveasexyhusband
I don't see why you should. The company who employed them to contact you should be paying the solicitor's bill.
I would just pay the unpaid bill and refuse to pay the solicitor's bill on the grounds you didn't employ them.
What kind of hidden costs should I look out for with personal injury solicitors?
I had an accident due to a landlord failing to properly maintain my property. I am in the process of looking for personal injury solicitors as the landlord refuses to settle the case directly with me. However, I need to be aware of the hidden costs.
Will a solicitor try to charge me for any letters he sends, visits I make to his office, time he spends on the case, or can he even hold me responsible for any costs from the other party if I lose the case?
Mike T Star
Question answered by Mr.Magoo
It's difficult to answer this without knowing where you are. I'm gonna guess you are not in the states (purely based on the use of the word solicitor). Generally, personal injury cases are handled on a contingency basis with no set hourly charge for time spent sending correspondence, meetings with clients, etc. All charges for the attorney's time are part of the contingency fee (and are only due if the case settles in your favor). The amount of the contingency fee varies from state to state (in NY it's 33% in Fl it's around 40% with a sliding scale based on dollar amount). You will however remain responsible for all disbursements incurred on behalf of your case (ie suit filing, service, deposition, court reporters, postage, mailings, etc.). This amount will be deducted from any settlement; these costs are generally waived if the case doesn't result in an award in your favor. Generally attorneys will request attorneys fees from the other party but they are rarely granted (in the US; other countries much more liberal about awarding attorney fees to the victorious party). Any initial consultation will cover fees and costs and what your responsibility will be for them.
How much are the solicitors fees for arranging a flat buy?
I am planning to buy a flat in London. I went to an agency and they told me that the legal fees for buying a flat would be:
- £ 150 for the searches
- £ 700 for the legal fees
- £ 400 (because it is leasehold, paying cash and other miscellaneous).
So, is in total these costs for the solicitors would be £1250.
Do you think it is a fair price? Do you know any solicitor that can charge less than that?
Question answered by Pip
Yeah that's a fair cost for a flat.
a leasehold property is a lot more complicated than a freehold house. it will take longer, this is unavoidable i'm afraid. 2 - 4 months is not unrealistic for a flat purchase.
There may be solicitors around who will do it for less, but they may take even longer, or do a worse job. the quote you have is pretty standard for the work.
Would you be happy to pay less but wait an extra 1-2 months for your flat? Would you be happy to save £100 if it meant you could never get hold of your lawyer to speak to and find out what is going on?
How do multinational law firms make use of their associates/solicitors practising law in more than 1 country?
I mean, what sort of stuff do multinational law firms make their associates/solicitors/lawyers, which practise law in several countries, do? I'm sure it's an advantage for a lawyer to have several legal qualifications.
Question answered by V.T.Venkataram
In fact, multinationals engage associates/solicitors/lawyers in their offices in each country and only a few top are trained in international law and laws of different countries.
What are solicitors duties to carry out ,that are paid for when a will is made?
My mother died having made a will, in which she named my 2 sisters as executors What are the duties and responsibilities of the solicitors, covered by the cost to my mother when she made the will
Im thinking of the probate my sisters will need, and have read its quite easy to do without incurring any more cost via solicitors.
Question answered by Kernow Lady
Will reading is only done in Films.
Contact the probate office in your area and they will send you all the info so the Executors can do it themselves. If it is complicated, then employ a Solicitor.