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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10128
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have received a letter from a solicitor acting for people

Customer Question

I have received a letter from a solicitor acting for people I sold a house to back in 2006, apparently the conveyancer acting at that time included the incorrect title number when finalising the transfer of the freehold. This means that the freehold has remained in mine and my hsuband's name since this time. I have now received a solicitors letter stating that the contract I entered into at the time; provided that I would transfer the individual freehold in addition to the leasehold title. They claim a sale of the property is underway and I must sign the freehold documents immediately. In fact having searched the sale of the property it was removed off the market in Sept 12.

It appears that our previous solicitor gave them my husbands mobile and they are ringing him on a daily basis and we are finding them a little annoying. The people who brought the property back in 2006 were the most difficult purchasers I have ever had the chance to meet. Do I now have to comply to their demands? What rights to we have I would be very grateful for some advise. Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.


Hi there,


Thanks for your enquiry.


On the basis that you did contract to sell both the Leasehold and Freehold, then you were under a duty to convey both Titles to your Buyer. Strictly speaking, therefore, they could hold in breach of Contract if the Freehold interest is not transferred by you to them.


I am not sure why your Solicitor has provided your phone number- they certainly should not have done this without your consent, and if I was your Solicitor, I would be bending over backwards to resolve this mistake as painlessly as possible for you, bearing in mind your Solicitor (and the Buyers Solicitor for not noticing).


To sum up, you are under a duty to transfer the Freehold without receiving any further payment, but you certainly should not be incurring any legal costs to do this. It probably would be best for you to contact your old Solicitor (I leave it to you if you make a complaint over this issue and the fact that your phone number has been disclosed) and get the matter resolved, and leave it to the Solicitors as to who pays for this work (but make sure you don't get charged!)


I hope this gives you the legal overview, and if I have assisted, I would be grateful if you could leave positive feedback.


Kind Regards


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