What can I do about unexpected extra conveyancing charges?
Ask your conveyancer for an itemised bill and an explanation, then complain in writing if the extras weren't in your quote or you weren't warned; the firm has 8 weeks to respond, after which the free Legal Ombudsman can order fees to be reduced or refunded.
Compare each line of the bill with your quote and client care letter, then use the Legal Ombudsman's guide to complaining to your firm.
See how to complain (Legal Ombudsman)What you should have been told at the start
Conveyancing firms regulated by the Solicitors Regulation Authority (SRA) have to publish price information for residential sales, purchases, mortgages and remortgages. Under the SRA Transparency Rules, that has to include:
- the total cost, or an average or range where a total isn't practical
- the basis of the charges, such as a fixed fee or hourly rate
- a description and the cost of likely disbursements (money paid to third parties, such as searches and Land Registry fees)
- whether fees and disbursements attract VAT, and how much
- what's included, the key stages and timescales, and anything you might reasonably expect to be included but isn't
On top of that, paragraph 8.7 of the SRA Code of Conduct says solicitors must give clients the best possible information about how the work will be priced and the likely overall cost, both at the start and as the matter progresses. So a bill shouldn't come as a surprise.
Estimate or fixed fee? It matters
Check your client care letter. A fixed fee should only go up if the work changes from what was agreed. An estimate can be exceeded, but the Legal Ombudsman says it expects firms to explain the difference between an estimate and a fixed fee, to give reasons for going over, and to warn you beforehand so you can decide how to proceed. An estimate being exceeded isn't automatically poor service. Not being warned usually is.
The ombudsman also says that when people complain a bill was excessive, the real problem is often poor cost information. It looks at what you should reasonably have expected to pay based on what you were told. If it finds something questionable, such as unrelated, duplicated or disproportionate charges, it asks the firm to explain. One example it gives: a large "transfer fee" marked as a disbursement shouldn't hide the firm's own professional charges for doing the transfer.
What happened in real ombudsman cases
- A buyer had an online estimate of £500 including disbursements, then got a bill for £700. The extra £200 was for electronic transfer fees and extra searches. The fees themselves were reasonable, but the ombudsman said the firm could have flagged them in the estimate, and it paid £100 to resolve the complaint.
- A firm advertised a price match. The buyer sent a £995 quote from another firm but was billed £1,500. The ombudsman found the website misleading, and the firm reduced the price to honour the price match.
Step by step: challenging the charges
- Ask for an itemised bill and compare each line with your quote and client care letter.
- Complain in writing to the firm, using its complaints procedure. SRA-regulated firms must publish this on their website, including how to go to the Legal Ombudsman. Say which charges you dispute, why, and what you want: a refund, a reduction or an explanation.
- Allow up to 8 weeks for the firm's final response.
- Go to the Legal Ombudsman if you're unhappy or don't hear back in 8 weeks. It's free and covers solicitors and licensed conveyancers. You must bring the complaint within 6 months of the firm's final response, and generally within 1 year of the problem or of when you found out about it.
The ombudsman can tell a firm to refund or reduce fees, or pay compensation if you lost out or were badly treated. It says most of its awards are under £1,000. It starts most investigations within 2 to 3 months and finishes most within 3 to 6 months after that.
Should you pay the disputed bill?
The Legal Ombudsman warns that a firm may take action against you if you don't pay outstanding fees, so you may want to pay and complain at the same time. Paying doesn't stop it investigating.
Formal assessment by the court
For a line-by-line review of a solicitor's bill, the ombudsman usually points people to the Senior Courts Costs Office. Under section 70 of the Solicitors Act 1974, if you apply within one month of the bill being delivered, the court orders the bill to be assessed. After that, the court has discretion, and its powers are limited once 12 months have passed since delivery or payment. This route can cost money, so for most conveyancing disputes the free ombudsman route is the place to start.
Worked example
Jo bought a flat. Her conveyancer's written quote was £1,500 in total, including VAT and disbursements. The completion statement shows £1,950.
- Size of the increase: £1,950 − £1,500 = £450, which is £450 ÷ £1,500 = 30% more than quoted.
- Itemised bill: £300 is an "additional work" fee and £150 is for extra searches. The client care letter didn't mention either, and nobody warned her before the work was done.
- Complaint letter: she asks the firm to explain both charges. She points to the SRA rule that likely disbursements and excluded services must be disclosed, and to the ombudsman's expectation of a warning before an estimate is exceeded. She asks for the £300 to be removed.
- Outcome: if the firm keeps the £150 for searches it genuinely needed but drops the £300, she pays £1,500 + £150 = £1,650. If the firm refuses, or doesn't reply within 8 weeks, she takes it to the Legal Ombudsman within 6 months of the final response.
Can a conveyancer charge more than the quote?#
Only with good reason, and they should warn you first. A fixed fee should only change if the work changes, while an estimate can be exceeded if the firm explains why and tells you before it happens. Firms also have to publish their likely disbursements and anything not included in the price.
How do I complain about conveyancing fees?#
Complain in writing to the firm first, listing the charges you dispute and what you want done. The firm has up to 8 weeks to give a final response. After that, you can take the complaint to the free Legal Ombudsman.
What are disbursements in conveyancing?#
Disbursements are costs your conveyancer pays to third parties for you, such as searches and Land Registry fees. SRA rules require firms to describe likely disbursements and their cost, or an average or range, and to say whether VAT applies. They shouldn't be used to hide the firm's own fees.
What is the time limit for complaining to the Legal Ombudsman?#
You must refer the complaint within 6 months of the firm's final response. You also generally need to bring it within 1 year of the problem happening or of when you found out about it. Don't sit on a disputed bill.
Should I pay a conveyancing bill I'm disputing?#
The Legal Ombudsman says firms may take action if fees are left unpaid, so you may want to pay and complain at the same time. Paying doesn't stop the ombudsman looking into your complaint or ordering a refund.
What can the Legal Ombudsman do about overcharging?#
It can tell the firm to refund or reduce its fees, or pay compensation if you lost out or were badly treated. It says most awards are under £1,000. It doesn't do detailed bill analysis, and usually points people who want that to the Senior Courts Costs Office.
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Sources
- Solicitors Regulation Authority: Transparency Rules (cost information for residential conveyancing)
- Solicitors Regulation Authority: Code of Conduct for Solicitors, RELs and RFLs (paragraph 8.7)
- Legal Ombudsman: An Ombudsman's View of Good Costs Service (PDF)
- Legal Ombudsman: How to complain to your service provider
- Legal Ombudsman: Here to help (time limits, remedies, paying fees)
- legislation.gov.uk: Solicitors Act 1974, section 70 (assessment of a solicitor's bill)
General information, not personal financial advice. Rules depend on your circumstances; check the official source or speak to a regulated adviser before acting.