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-   -   Is there joint liability on solicitor and estate agent fees when a property is sold (https://www.askmehelpdesk.com/showthread.php?t=776037)

  • Nov 21, 2013, 05:40 AM
    pr08son
    Is there joint liability on solicitor and estate agent fees when a property is sold
    Have recently sold a property in scotland, the property was in joint names with my ex partner, after selling there was solicitors fees and estate agent fees to pay, I thought I would be liable for half of this cost and my ex partner also liable for half, my solicitor is now asking I pay the full amount and try to pursue my ex through the courts, I think this should be for the solicitor to do, and I should only have to pay my half. Please can anyone explain what my legal position is ?
  • Nov 21, 2013, 05:52 AM
    Curlyben
    The liability is down to the instructing party.
  • Nov 21, 2013, 06:03 AM
    AK lawyer
    And, as in other parts of the world, Scotland appears to have joint and serveral liability on such contracts, unless otherwise agreed.
  • Nov 21, 2013, 06:35 AM
    ScottGem
    If the contract was not agreed upon with the partner, i.e.. You engaged the solicitor on your own, then he is correct. Even if he did sign the contract, I suspect there is a "joint and several" liability clause. This means that any one signer is liable for the whole contract. So if the solicitor chooses to go after you, he can leaving you to go after your partner.

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