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Penalty caused by solicitor firm's delay

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Joined: 24 Nov 2005
Posts: 19
Location: Penang

PostPosted: Sat Mar 11, 2006 6:08 pm    Post subject: Penalty caused by solicitor firm's delay Reply with quote


My S&P is in the process of MOT and likely will exceed the payment dateline and need to pay penalty to the seller, due to the delay by the solicitor firm. The situation is:
a.) I submitted all the required items to solicitor firm 7 weeks ago.
b.) Solicitor firm claimed they has submited application to the valuation office 13 days later.
c.) Until I called to check for the progress 6 weeks after date (a.), then only the solicitor firm found out that valuation application not even reach the valuation office. They gave excuse that the online application system fail to deliver the document, and they didnot notice that, and finally have to print out the document and manually sent to the valuation office.

Given that I just have another week for the payment, and now still stuck with the valuation by the land office, for sure there will be penalty according to the S&P agreement.

I don't think I should bear the cost due to the fault of the solicitor firm,
but the solicitor's assistance even told me to clear the bill first, for them to advise the bank to release the loan, which I don't feel comfortable of.
So what should I do to protect my interest, and avoid the penalty? Is the solicitor firm legally bounded for such 'un-proffessional work'???
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Joined: 15 May 2005
Posts: 507
Location: Sri Hartamas

PostPosted: Mon Mar 13, 2006 7:20 pm    Post subject: Reply with quote

Hi syfzzz!

If your lawyer has given that excuse, then I would say they are liable for any late payment interest you are liable to pay the seller. Unless they can use that excuse to justify the delay to the seller's lawyer, then be it.

About your outstanding bill, I would suggest you discuss this issue with your lawyer. If you have not paid the disbursements yet, then pay just it and not the legal fees. You need your lawyer's agreement that you will settle the fees IF they'll be responsible for the late payment interest.

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