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seanferguson13
seanferguson13, Solicitor
Category: Law
Satisfied Customers: 31
Experience:  3 year qualified solicitor with expertise in UK taxation.
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I told by my solicitor that the flat I bought had a 189 year

Customer Question

I told by my solicitor that the flat I bought had a 189 year lease, now nearly a year later the same solicitor has informed me that the lease is 126 years, who is at fault and what can I do
Submitted: 3 years ago.
Category: Law
Expert:  seanferguson13 replied 3 years ago.
Customer:

Hi there

Customer:

I will try help with you question.

Customer:

Has there been any change in the legal ownership since your solicitor first told you that it was 189 years and do you have a written record of your solicitor informing you the lease was 189 years?

Customer:

Subject to you having the written evidence (though this is not fatal to your claim) and there being no legal changes since that time, then it sounds like you have a case in negligence against your solicitor. Your solicitor owes you a duty of care which has been breached and has caused you a loss (as the value of your property is likely to be less than you anticipated based on his/her advice). You may also have a case for breach of contract as all contracts imply a term requiring the work to be undertaken with reasonable skill and care.

Customer:

It will be easier for you to claim in negligence but before that I would advise setting out your position to your solicitor in a letter and asking them what they will do to rectify it. Give them a deadline to respond (say 14 working days) and state that should you not receive a satisfactory response and offer to correct the loss then you will be forced to lodge a claim against them in the High Court. I would suggest that they should be commissioning a valuation at their cost to determine the difference in value between 189 years and 126 years and they should be compensating you for this amount

Customer:

Hope this helps

Customer:

Sean

Customer: Hi - was there anything else I could help with? If not I'd be grateful if you would close the question.
Customer: many thanks