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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69538
Experience:  Over 5 years in practice
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The solicitor acting for the seller of a property informed

Customer Question

The solicitor acting for the seller of a property informed the seller that I, the buyer, had withdrawn from the sale of a property, when no such communication, written or verbal from either myself or any parties contracted to me was issued. I may well lose the property due to this action. What recourse do I have against the seller's solicitor.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you have any idea why he did that?
Why do you think you may lose the property as a result of that?
Customer: replied 2 years ago.

Have no idea why he did it, found out from the seller, a bank (repossession), they were informed by their solicitor I had withdrawn, subsequently they have now put it up for auction, however if we can exchange complete before auction date sale is still possible, however seller's solicitor wont answer phone or emails from my solicitor. This purchase has dragged on for 8 months, however property is worth far more than accepted offer so have stuck with it.

Expert:  Jo C. replied 2 years ago.
Unfortunately, the solicitor acting for the seller does not act for you and owes no duty of care to you.
You can take this up with the seller who might want to take it up with their solicitor but if there is a complaint to be made, it has to come from the seller and not you.
You can make a complaint to the Solicitors Regulation Authority but it is unlikely to come up with a result purely because there is no contractual or legal duty between you and the seller's solicitor.
I'm sorry if this answer is unfavourable for you and I wish I could give you better news.
Can I clarify anything for you
Customer: replied 2 years ago.

If it was later found this information was passed with malicious intent, would that alter the situation in any way.

Expert:  Jo C. replied 2 years ago.
That would be grounds for a complaint to the Solicitors Regulation Authority.
Jo C., Barrister
Category: Law
Satisfied Customers: 69538
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for advice, after I informed sellers solicitor that we considered his refusal to answer e mails or phone calls over a sustained period as a malicious attempt to prevent the sale, reasons unknown, we would be pursuing a complaint against him on these grounds. The response was pretty immediate and we exchanged the next day. Thanks

Expert:  Jo C. replied 2 years ago.
You have to ask yourself what you want to achieve with this because there will be no benefit to you from it because you have suffered no loss and because you were not the solicitor's client, it is unlikely that the SRA
will take it that seriously.

The only grounds you can complain about (although they are actually grounds for the solicitors own client to complain about) are that the solicitor was not following his client's instructions
Customer: replied 2 years ago.

Got what i wanted, the property. Threat of complaint appears to have been sufficient.

Expert:  Jo C. replied 2 years ago.
Thanks. I am glad to have helped.

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