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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I exchanged contract on a property under pressure that was

Resolved Question:

I exchanged contract on a property under pressure that was meant to be Freehold containing 3self contained flats the solicitor acting for vendor would not give any info re flats but must have known that they they where illegally converted at the time of sale we have asked for stat dec re conversion and they are not helpful and it will cost 45 k to get the planning for three flats through if poss nat west won't advance money without the above is it reasonable to claim a deduction what remedies tk
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did your own Solicitor not make enquiries please?

Customer: Hi I need a barristers opinion that's the person we thought we asked for We asked the vendors solicitor but he said he had no information and his client said three flats s o under pressure exchanged with the client saying to estate agent that he would stat dec between exchange and completion although verbally but won't do now
Alex Watts :

So your solicitor never asked and the sellers Solicitor said he did not know?

Customer: Hi we asked vendors sols for info he said he had none and vendor told estate that he would sign stat dec between exchange and completion but he has not
Alex Watts :

I see. So the vendor has lied?

Alex Watts :

If so what is it you want to achieve? Do you still want the properties?

Customer: Yes or a return of deposit or a reduction to cover the cost of correction does the fact the lawyer did not disclose the lack of planning and client now won't do stat dec effect us what are our positive remedies and how can we tie him up and can we refuse notice to complete and on what grounds pref need a barristers reply
Alex Watts :

Ok - you have 2 options.

Alex Watts :

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.

Alex Watts :

These are material facts which ought to have been brought to your attention.

Alex Watts :

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.

Alex Watts :

Or if you exchange and complete then you could sue for breach of contract.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

You may get a Solicitor to do this on no win no fee.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: There lawyer would not answer enquiries and the vendor said it was cheap so he needed exchange and would provide stat decks it was a risk , I have exchanged if not to complete is served whats the best wording to refuse it's validity with Thanks A
Alex Watts : Say you exchange under contract without prejudice to your position on misrepresentation
Alex Watts : Does that help?
Customer: No i have exchanged what I need is wording to dispute their notice to complete when it arrives
Alex Watts : Ok. Just say that you will complete under protest and without prejudice to your position
Customer: But I don't want to complete if I can get out of it because court will cost a fortune and two years approx what can I say to dispute the notice to complete so they will negotiate a way out
Alex Watts : You would need an injunction stopping completion
Alex Watts : You can dispute it and get an emergency injunction based on the breach of contract by misrepresentation
Alex Watts : But your solicior would need to make an application to court.
Alex Watts : Does this help?
Customer:

ok thanks

Alex Watts :

If this answers the question might I invite you to rate my answer before you go

Alex Watts :

If the system wont let you or you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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