Solicitor asking for full payment before completion

Get a new solicitor. On a new build you can expect to make stage payments, but the final payment should only be when you finalise the purchase at the notary's office.

As Jim says above. Most often the final payment is by bankers draft at the Notario on completion day. 

Totally agree with Jim, final payment should be made a notary’s office on completion of purchase

Thanks for all your advice, I can’t see how we can get a new solicitor, the one we have has done legal work and we will have to pay him, I just find it strange that he hasn’t taken any fee until now and is asking for full payment, buying a new build is new to us so it is difficult to get advice unless someone has been through this process.

Carol

Tricky Carol. Was the solicitor recommended to you by a friend? Hopefully not by the Agent. 

Let's see what others say. One option might be to tell him you're willing to pay his fees so far but will only pay the purchase price on completion. Remember the money is not his so it really shouldn't make any difference!  Normal practice is a reservation fee (a small part of 10% of the price) then the balance of the 10% as a deposit. Then the 90% only on completion day. 

Steve

You really should have learned more before you went ahead with the purchase. Did you enter into a purchase contract, specifying when and what you'd pay? If not, why not; if so, what does the contract commit you to? Did you get an insurance policy to cover e.g. repayment of stage payments if the build didn't complete for whatever reason?

Unless you've signed a contract saying otherwise, which would have been extremely foolish, you should only make the final payment in front of the notary, and make sure you get a habitation certificate before doing so.

Just to add,  the bankers draft goes across the table to the vendor solicitor at the Notario on the day of completion. Beware. Pay your solicitor now you could lose it all. Maybe better to risk losing what you owe him in fees and threaten to walk away. I hope others will see this and add their thoughts. 

Steve

I think the pre sale contract Jim is referring to is called the Compra Venta. It sets out the terms of the sale. 

Hi all

I think I might have confused you, the payments for the property have been made in stages and the final payment is due when we go to the notary in February, as per the contract, it is just the solicitor’s fees that is being asked for, we have previously owned property in Portugal and paid our solicitor half up front and half on completion to date we haven’t paid our solicitor any money, sorry for the confusion.

Carol