would you sue ?

Claw Hammer

Mad_maxx wrote: »

well for instance , my solicitor ( last time i spoke to her ) told me she was going to phone the vendors solicitor to see what they might bring to the table if they were planning on ignoring the completion notice .

according to her , you would not put it in writing that you were willing to accept 10k compensation but might suggest it off the record

How do you expect that a solicitor who claims his client was not able to understand the implications of signing a contract is going to be able to extract 12k from the same client?

ohnonotgmail

Claw Hammer wrote: »

How do you expect that a solicitor who claims his client was not able to understand the implications of signing a contract is going to be able to extract 12k from the same client?

It is the responsibility of the solicitor to ensure that their client has capacity and understands the contract they are signing. If they are now saying that their client does not understand the contract they signed that is a failing on the part of the solicitor. A failing that their malpractice insurance may remedy.

Mad_maxx

Claw Hammer wrote: »

How do you expect that a solicitor who claims his client was not able to understand the implications of signing a contract is going to be able to extract 12k from the same client?

my solicitor made the comment within the context of them bringing something to the table , perhaps they will refuse to engage at all and hope it all goes away ?

if they persist in doing this , I will see them in court

bottom line , i have not fully decided what to do yet , its a pity the vendor is unable to see that a small ( perhaps credit union ) loan would probably get them to where they need to be re_ downsizing to an apartment in a more desirable location , that would be money better spent than having to compensate me to the tune of 10 k

were i to go to court , got the house but not my legal costs , it would still be probably worth it as houses of this stature are up a good 10 k since i went sale agreed last November

due a call from my solicitor today but right now im very much leaning towards suing for possession - a forced sale

Claw Hammer

ohnonotgmail wrote: »

It is the responsibility of the solicitor to ensure that their client has capacity and understands the contract they are signing. If they are now saying that their client does not understand the contract they signed that is a failing on the part of the solicitor. A failing that their malpractice insurance may remedy.

Are you saying that a solicitor will go to their insurance company and tell the company they have made this mistake and that the insurance company will pay up?

ohnonotgmail

Claw Hammer wrote: »

Are you saying that a solicitor will go to their insurance company and tell the company they have made this mistake and that the insurance company will pay up?

I'm sure they wouldn't do this voluntarily and nor did I suggest such a thing.

Claw Hammer

ohnonotgmail wrote: »

I'm sure they wouldn't do this voluntarily and nor did I suggest such a thing.

Well what do you think is going to happen?

ohnonotgmail

Claw Hammer wrote: »

Well what do you think is going to happen?

i was suggesting that the OP may be in a position to claim from the other sides malpractice insurance.

Claw Hammer

ohnonotgmail wrote: »

i was suggesting that the OP may be in a position to claim from the other sides malpractice insurance.

He is in no position to do so.

ohnonotgmail

Claw Hammer wrote: »

He is in no position to do so.

surely that would rest on the totality of the facts, facts we are not privy to.

Claw Hammer

ohnonotgmail wrote: »

surely that would rest on the totality of the facts, facts we are not privy to.

We know enough. The only person who can claim on what you call "the other sides malpractice insurance" is the vendors solicitor himself.
Whether there is even an arguable case against him is yet to be established. The o/p will have to grow a pair, sue for specific performance and if the defence of lack of capacity is raised, and succeeds, commission an expert report showing that the vendors solicitor was negligent. The o/p will then have to sue the solicitor, who may or may not call on his insurance. The insurance company will not accept a claim from the o/p and may could refuse an indemnity at all depending on the facts.

Sparkey84

i suspect the vendor/solicitor might realise they have a case to answer, if he was willing to pay compensation it would probably be as a last resort. he wants to see if buyer cuts his losses and goes away or see if he going to be like a dog with a bone.

Mad_maxx

Sparkey84 wrote: »

i suspect the vendor/solicitor might realise they have a case to answer, if he was willing to pay compensation it would probably be as a last resort. he wants to see if buyer cuts his losses and goes away or see if he going to be like a dog with a bone.

my solicitor called me a little while ago , she was speaking to the vendors solicitor again a few days ago , despite my serving a completion notice , the other solicitor did not even inform the alleged unfit vendor about same , my solicitor said this was basic solicitor 101 stuff , you must inform your client of developments like this

vendors solicitor also said his client had no money when my solicitor said i am not willing to simply walk away , this guy is a complete chancer

we are issuing proceedings , my solicitor thinks it wont go to court and said if it was her firm that was caught out like this , they would throw money at it rather than risk reputational damage brought about by a court case

vendors solicitor would not even entertain the idea of my legal costs being covered were I to take the most benign approach possible , he just kept repeating that the vendor " could not grasp the situation " , if this is true its a damning indictment of the solicitors judgement and he will have questions to answered

what a turkey eh ?

drunkmonkey

What you don't know is when the seller ran into mental difficulties, they could have been of sound mind at the beginning of the process.
On that basis alone i'd move on if they don't buckle straight away and offer something time to move on.

jimmycrackcorm

Mad_maxx wrote: »

vendors solicitor would not even entertain the idea of my legal costs being covered were I to take the most benign approach possible , he just kept repeating that the vendor " could not grasp the situation " , if this is true its a damning indictment of the solicitors judgement and he will have questions to answered

what a turkey eh ?

The vendor's solicitor is spinning a line. Once proceedings have been issued he'll have to change that line pronto.

Lenar3556

Your issue here is with the vendor and his non performance. A decision to pursue him is one which would need to be informed by the full facts. It could potentially be both protracted and expensive.

Jumping to the conclusion that his solicitor is to blame and needs to cough up is quite a stretch. A possible outcome is that the vendor did not have capacity to contract, yet this only became apparent subsequently and no negligence be attributed to his solicitor.

Larbre34

Wouldn't trust the solr to flip burgers, let alone manage an obviously vulnerable client.

I hope you go to town on him, you're 100% correct not to tolerate this situation.

pm1977x

Mad_maxx wrote: »

I'd be content with...

you should edit your post and ask a mod to delete the quoted reply - having details like this in the public realm is not in your interest.

Mad_maxx

Lenar3556 wrote: »

Your issue here is with the vendor and his non performance. A decision to pursue him is one which would need to be informed by the full facts. It could potentially be both protracted and expensive.

Jumping to the conclusion that his solicitor is to blame and needs to cough up is quite a stretch. A possible outcome is that the vendor did not have capacity to contract, yet this only became apparent subsequently and no negligence be attributed to his solicitor.

the solicitor didnt even inform his own client than a completion notice had been served on him .