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    pr08son's Avatar
    pr08son Posts: 1, Reputation: 1
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    #1

    Nov 21, 2013, 05:40 AM
    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 ?
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
    BossMan
    		  
    #2

    Nov 21, 2013, 05:52 AM
    The liability is down to the instructing party.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Nov 21, 2013, 06:03 AM
    And, as in other parts of the world, Scotland appears to have joint and serveral liability on such contracts, unless otherwise agreed.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Nov 21, 2013, 06:35 AM
    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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