Where to get advice?

Seth Brundle

I know someone who wanted to buy a house. They and the seller signed the contracts and it then transpired that the seller was not legally allowed sell the house (local authority reasons). AFAIK a document was witheld from my mates solicitors by the sellers until after the contracts were signed.

Anyhow, I presume that the seller's solicitors should not have allowed their client to try to sell the house. Similarly, my mates solicitor should have twigged the fact that it was currently not saleable legally.

Meanwhile my mate is stuck in the middle (and has been for a number of years). Who can they speak to as their solicitor wants to wash their hands of the matter (and yet still get paid!)?

Maximilian

On the basis of what you say, there could be hundreds of explanations. My answer to your question would be: another solicitor. Its not actually possible to say who, if anyone at all, could be to blame for this scenario without examining the documentation.

Our man in Havana

They and the seller signed the contracts and it then transpired that the seller was not legally allowed sell the house (local authority reasons).

Surely this would have come to light during the routine searches?

BanzaiBk

FLAC maybe?

Seth Brundle

Bond-007 wrote: »

Surely this would have come to light during the routine searches?

I suppose my mate trusted their solicitor to do their job. Presumably the seller thought the same of theirs.

Maximilian

In fairness, its not necessarily either solicitors fault. I think it equally likely the seller forgot or omitted to tell his solicitor some vital piece of information.

In any event your mate won't find the answer to his question here.

Seth Brundle

Whats the story with regard to the (proposed?) legal ombudsman here? Would the law society be of any help?
I feel that both solicitors fecked up and my mate is effectively being pressurised into submission by their own solicitor.

Maximilian

Law Society only deals with misconduct essentially. Ombudsman will be another port of call if a person is unhappy with the Law Society thereafter (when that office is set up).

What you are alleging, I gather, is negligence on the part of your solicitor. In that event, you would need to consult with another solicitor if you wanted to take an action. The Law Society have no role to play in this event.

The Law Society have a list of solicitors I believe who are prepared to take cases against other solicitors (as there is a perception out there that solicitors won't sue other solicitors).

Seth Brundle

Thanks Maximillian.

I'll let them know this info. I personally find my friends solicitor at fault as the reason they were retained was to ensure that everything was legal, which as it turned out, it wasn't! My mate is down a considerable amount of money because of the delay (had to rent, etc.) and also now is not the owner of a property which had appreciated in value over the last number of years - I don't know if this is grounds for compensation though.

(BTW it really isn't me!)

Our man in Havana

They really need to see an impartial solicitor that will advise them of all their options.