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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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in 2010 we purchased a converted Stable attached to a Grade

Resolved Question:

in 2010 we purchased a converted Stable attached to a Grade II listed building. The estate agents details made no mention that this meant the property was treated as curtilage to the neighbouring listed property and any internal/external changes would require listed building consent. Our solicitor also made no mention of this in any of our correspondence.
In the subsequent years we have made some small alterations to the property which we now recognise may have required listed building consent.
We now have to Qs.
1) Can we take out an indemnity policy to cover any alterations made by ourselves and/or the previous owner without listed building consent. (We have no way of knowing if consents were obtained by the previous owner as our solicitor didnt request any disclosure)
2) Do we have a case against the solicitor/estate agent for not informing us of this significant matter prior to purchase - I would not have bought the property had I known?
Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
1. There are indemnity policies available, but these are very expensive- depending on the value of your property, you are looking at least £3,000-£5,000!
2. You have no claim against the Estate Agent as it was not up to them to advise you-it was up to your Solicitor, so if your Solicitor did not advise you that any Listed Building Consent would be required, he/she has been guilty of negligence.
You therefore need to take independent legal advice as regards ***** ***** claim against your old Solicitor. Us Solicitors have professional indemnity insurance to cover such claims.
I hope this assists and answers your enquiry.
Kind Regards
AL
Customer: replied 3 years ago.

Is the estate agent/seller not bound to disclose this in the original property details under the property misrepresentation act?

Would it be expensive to make a claim against the solicitor?

many thanks

Expert:  Aston Lawyer replied 3 years ago.
Hi
You will hard it very hard to pursue the Agents in these circumstances- as the stable block itself was not a Listed Building, I doubt that they have been guilty under the Misdescriptions Act.
You have no claim against the Seller himself, whatsoever.
At the end of the day, your Solicitor should have advised you, and it is going to be by far the easiest option to pursue him. You would have to incur initial Solicitors costs but it would be normal for your former Solicitor to pay your legal fees in the event that they admit negligence.
I hope this assists.
Kind Regards
AL
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