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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I recently lost the sale of my house, because the solicitors

Resolved Question:

I recently lost the sale of my house, because the solicitors for two prospective buyers found a problem with our shared sewage system, in that the the capacity exceeds the environmental licence. as we purchased the house only 18 months ago using the same solicitor, we felt that we should have been advised about this problem, before purchase.
as it now stands, our house is unsalable, until this problem is solved. on contacting our solicitors they advised us that did not accept they had failed in anyway in their advice in the original purchase. We now have to find their conveyancing costs, as well as the cost of providing a new independent sewage system.
Question on this information do you think we have a case to take this further
Malcolm platt
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

In short, yes, you should have been advised about this when you purchased the house, in the same way others are being advised by their solicitors.

tdlawyer :

The house can still presumably be sold, albeit at a significantly reduced price? Is this fair to say?

Customer:

yes

tdlawyer :

Okay. Then if you would not have purchased the house had you known and received the proper advice from your solicitors, then you would have a claim in professional negligence against them.

Customer:

should we now go to another solicitor to pursue this, or challenge our solicitor

tdlawyer :

Personally, I would, without hesitation. It sounds like a pretty obvious mess up on their part. There are solicitors out there (lots of them) that would do this on a no-win no-fee basis for you too.

Customer:

thank you, XXXXX XXXXX I find these solicitors?

tdlawyer :

To be honest, google professional negligence solicitor and your area. There will be quite a few I'm sure. Then just call around and ask people whether they'd be prepared to meet you and consider doing this for you.

Customer:

thank you, XXXXX XXXXX be getting the bill soon f

Customer:

sorry, I repeat we will be getting a bill soon for the work so far, should we pay before any action is taken

tdlawyer :

A bill from the solicitors? If they're the same ones and they got it wrong first time around, then no, I would not pay their bill until you're new lawyer has assessed the position for you.

Customer:

if we get a letter/account should we reply with our int

Customer:

tention to take the matter further

tdlawyer :

Yes, you should raise a formal complaint with them too. They're very unlikely to take action whilst they're investigating and letting you have a formal response to the complaint. This will take time, which you new solicitors can use to review the matter.

Customer:

my letter to them about 2 weeks ago stated my belief that they were at fault, can I regard this as my formal complaint.

tdlawyer :

Yes, you can, but make sure you tell them this is what it is, so that they know they need to respond.

tdlawyer :

When I Say respond, I mean in detail to your allegations.

Customer:

thank you for your advice

tdlawyer :

You're welcome. Is there anything more I can focus upon or clarify for you?

Customer:

yes , as we lost the ability to purchase a house we really wanted at a price we could afford, do you think we have a case for compensation

tdlawyer :

No, the measure of damages is usually the diminuition in value of the house you purchased from what you paid to its true value.

tdlawyer :

So if you paid £150k, and it's valued not at £50k, then you would recover the £100k only.

Customer:

fine thank you again end

tdlawyer :

Thank you. XXXXX ask whether you're happy with the service provided this evening?

Customer:

yes I am happy with the service

tdlawyer :

Thank you very much! Have a great evening!

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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