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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I recently purchased a property and asked for a lease extension

Resolved Question:

I recently purchased a property and asked for a lease extension notice to be served by the owners at the time of purchase. The previous owners solicitors forgot to insert an important date in the document and the notice to extend was rejected. The extension could now cost double. Is anyone negligent here - my solicitors, their solicitors or do I have any avenues to pursue this?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Either way, from what you have told me, you agreed to purchase, with a proviso that the Seller would serve a valid Notice on the Freeholder. If this has not happened, you do have a claim.

You will need to check with your Solicitor, but it would be normal for there to have been a clause inserted in the Contract to say that the Seller or his Solicitors will serve an appropriate Notice on the Freeholder. If this is the case, then your claim is against the Seller if the Notice is invalid.

The Contract may indeed have included a draft of the proposed Notice, and if e

ther your Solicitor or the Seller's Solicitor had drafted this, and your Solicitor had not spotted the mistake/ommission, then he has also been negligent, and a claim could be made against him.

You should therefore contact your Solicitor asap and ask him for a copy of the Contract and for a full explanation.

I hope this assists you and answers your question.

Kind Regards

AL

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