Solicitors and Estate Agents

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Fees

Fees

Pattison & Co. are committed to providing clear and transparent information about the fees that we charge, how these are calculated, and how the fee structure differs depending on the different types of work that we undertake. Some legal work, such a house purchase, involves a reasonably predictable amount of work and therefore we are able in most cases to quote a fixed fee that will apply unless there is an unforeseen problem with the transaction. Other work, such a contested divorce action, can be completely unpredictable, and so for that type of work we have to charge a fee based on the amount of time spent working on the case.

In all cases please note that the fee is subject to VAT, and outlays incurred are charged in addition to the fee + vat.

Please note that we do not undertake any legal aid work. If you think you qualify for legal aid, or your circumstances change so that you might qualify, you must bring this to our attention immediately. You can use an online calculator on the Scottish Legal Aid Board website to check: www.slab.org.uk

If you would like a fee quote please get in touch by email – hello@pattisonandcompany.com – or by ‘phone on 0141 889 3296 or 0141 334 7706 – or call in to one of our offices.

On this page we have set out an indication of our fees for some common types of work. Please note that these figures are indicative only, are not a substitute for a fee quote, and we are not bound by them. They are stated at July 2015 – we reserve the right to increase our fees at any time.

Estate Agency

We charge commission which is a percentage of the sale price of the property. The percentage commission varies depending on the type and value of the property. This is a matter that we discuss with individual clients when we are valuing the property. VAT is due on the commission. Our standard marketing packages include advertising on Rightmove, Onthemarket, GSPC and other websites; advertising in the GSPC Property Guide; photographs and schedule preparation; ‘for sale’ board (where appropriate); and advertising in the window of our office on Byres Road. We do not charge for accompanied viewings.

Please note that if we are instructed to market the property (estate agency) and do the legal work for the sale (and perhaps the purchase), we will discount the overall fee. Please contact us to discuss the fee for a sale or sale and purchase package.

In executry cases (winding up of estates), we will have the commission and fees fixed by the Auditor of Court, as we do with the other fees in executry matters.

Property

Purchase conveyancing

The legal fee for an average domestic property is £700 + vat + outlays. The outlays may include Land & Buildings Transaction Tax depending on the purchase price. Outlays will also include the charge made by the Land Register (the government department that records property ownership) for ‘recording’ the ownership document in your favour. For illustration, the total fees, vat, & outlays for a purchase where the purchase price is £125,000 would be £1,175 made up as follows:

Fee

£700

Add VAT @ 20%

£140

Add outlays:

Land Building Transaction Tax (where price exceeds £145,000)

£0.00

Registration dues of Disposition ( Price: £125000 )

£240

Registration dues of Standard Security (mortgage document)

£60

Posts and incidents

£35.00

Total for legal work for purchase:

£1,175.00

We know that getting on the property ladder is expensive for first time property buyers, so we are happy to reduce the fee to £575 + vat + outlays. In the example above, the total would come down to £1000.

Remember that the cost of a purchase will increase, sometimes dramatically, if you are paying Land & Buildings Transaction Tax. For an indication of the applicable tax you can use an online calculator. Also, the registration dues increase as the property value increases. If we are instructed to act in the purchase of an expensive property (value exceeding £400,000) the fee increases to £850, and to £1,350 if the value exceeds £1,000,000.

Sale Conveyancing

Our standard fee for conveyancing for the sale of a domestic property is £650 + vat + outlays. When you’re selling a property you have to pay a number of outlays for bringing reports up-to-date and you have to pay dues to record a discharge of your existing mortgage document (standard security.) A typical fee (with vat + outlays) for sale conveyancing would be as follows:

Legal fee

£650.00

Add VAT @ 20%

£130.00

Add outlays:

Fee  for combined Land Register search,

Local Authority search, & Coal Mining Authority

search.

£215.40

Fee re Discharge of Standard Security

£60.00

Posts and incidents

£32.50

Total for legal work for sale:

£1087.90

As with purchase transactions, our fees will increase if the value of the property is high. So, in transactions where the sale price of the property exceeds £400,000, the fee will be £800, and will be £1300 if the sale price exceeds £1,000,000 (all fees subject to VAT.)

Property Letting

For advertising the property, vetting the potential tenant, preparing and signing the lease, and doing a handover to the new tenant: 50% of the first month’s rent, plus VAT.

For ongoing management of the let, we charge 10% of the monthly rent (+vat).

Personal / Forward Planning

 

Wills

Our fee for a standard will is £125 + vat. Please note however if you require Inheritance Tax planning advice, we will charge an hourly rate (see below.)

Powers of Attorney

Our fee for a standard Power of Attorney is £200 + vat + outlays (there is an outlay to be paid, being £75 To the Office of the Public Guardian for registering the Power of Attorney.) If we have to make a home visit to arrange the preparation of the Power of Attorney, our fee will be £300 + vat + outlays.

Executries

Winding up the affairs of a deceased person can be a complicated matter, and the fee will reflect both the amount of the work done, and value of the deceased’s property (known as their ‘estate.’) Often, the deceased person will have, in addition to their house, numerous different bank and savings accounts, premium bonds, and shares, for example. There may be pension sums to be engathered. It is very difficult to estimate the cost of winding up an estate. When the work is complete, we will send our file for the matter to an independent assessor, known as the ‘Auditor of Court.’ The Auditor is appointed by the local Sheriff Court to independently assess the value of work done by solicitors and to fix a fair fee. The Auditor will assess the file and fix the fee, and issue an ‘audit certificate’. Because it can take months to wind up an estate, we may issue interim fee notes as the matter progresses.

Court and Family

 

Separation and Divorce / Dissolution of Civil Partnership.

With two exceptions, we charge for this work applying an hourly rate (see below.) No two separation and divorce cases are alike. Most separations are settled by a process of valuation of assets and liabilities, and then negotiation. Broadly speaking, the greater the couple assets, and the less they are able to agree on, the more protracted and expensive the process will be.

If the matter cannot be settled by negotiation, or if there is an issue that requires urgent litigation, then a court action will be required.

The two exceptions are as follows. Provided there are no children under the age of 16, and all the financial aspects of the separation are resolved, a divorce action can be raised using the simplified procedure. You can deal with this yourself (hence the term ‘DIY divorce’). If you would prefer us to conduct this for you, we charge a fee of £200 + vat + outlays (currently £107 for the court to deal with the application.)

If the financial aspects of the separation are agreed, but there are children under 16, then a simplified procedure divorce cannot proceed. An ‘ordinary’ divorce action is required. These are much more complicated: an Initial Writ has to be prepared and warranted by the court, and served (by Sheriff Officer if postal service does not work); then affidavits are required that deal with details of how the children are being looked after. The fee is £800 + vat + outlays (currently court dues of £203.)

If the parties financial affairs, issues relating to children (such as contact), and arrangements for the house, can all be agreed, then it is usual to prepare a ‘minute of agreement’ setting out the agreement in detail. In the most straightforward cases, getting to the stage of having a signed minute of agreement may take 4 to 5 hours.

If it is necessary to sell the family house, or transfer it from both spouses to one of them, then there will be conveyancing fees and outlays in addition.

Once the agreement is signed, then a divorce action can proceed (the fees being as set out above.)

If no agreement can be reached, if progress is to be made then a court action is necessary, and the action will be defended. Contested divorce proceedings can involve large amounts of work and many court hearings, including many days in court if a full hearing is required. The costs involved in a contested divorce can be many thousands of pounds. We would discuss the funding of the case with you on an ongoing basis.

Residence / contact

We charge for this work applying an hourly rate, as set out below. The procedure – negotiation, and litigation if that fails – is much the same as set out above for separation / divorce.

General litigation

We charge for this work applying an hourly rate, as set out below. The cost of a litigation is a major factor when considering to pursue or defend a court case. If you are unsuccessful you would be made to pay the other side’s expenses. Even if you are successful, the amount of expenses you are awarded (if recovered) may only go some of the way to defraying the costs you have incurred. The complexities of costs in a litigation are beyond the scope of this note: please contact us for more information on this subject.

Debt Recovery

We charge £50 + vat for a 7 day letter to a debtor. If litigation is required, we will charge the court expenses awarded (+ vat) (assuming you are successful and expenses are awarded in your favour). If this is recovered from the debtor, the cost to you will be nil, provided you can reclaim the VAT element.

Agency Cases

We charge £45 + vat per appearance in the ordinary, summary cause, small claims court and simple procedure court. If the hearing lasts more than 15 minutes (i.e. and opposed motion) we charge £25 per quarter hour thereafter. Discharging proofs or debates = £60 + vat. Please note that we may charge waiting time at £25 per quarter hour if the hearing does not commence within 15 minutes of the time allocated.

Please note we may be able to conduct debates, proofs, or small claims evidential hearings if we are fully and timeously instructed: please contact us to discuss.

Criminal Cases

We charge for this work applying an hourly rate, as set out below.

Hourly rate and general work.

Our current hourly rate, for work carried out by one of our lawyers, (at July 2015) is £225 per hour + VAT. All work other than the work for which we have a special fee rate, or have quoted a fee, is charged at this rate.

Glasgow: 0141 334 7706
Paisley: 0141 889 3296