Hello my name is ***** ***** I will help you with this.
Did your own Solicitor not make enquiries please?
So your solicitor never asked and the sellers Solicitor said he did not know?
I see. So the vendor has lied?
If so what is it you want to achieve? Do you still want the properties?
Ok - you have 2 options.
You can either not exchange and sue for breach of contract now on the basis of misrepresentation, that is you were not disclosed the full facts.
These are material facts which ought to have been brought to your attention.
If you do claim breach of contract by misrepresentation (this is called breach by omission) then the remedy is you get your money back and the contracts are not exchanged.
Or if you exchange and complete then you could sue for breach of contract.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. As the claim is likely to be over £10,000 you will need representation at the trial.
You may get a Solicitor to do this on no win no fee.
Can I clarify anything for you about this today please?
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