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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11434
Experience:  30 years as a practising solicitor.
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. We have bought a property in Scotland recently and have

Resolved Question:

Hi. We have bought a property in Scotland recently and have now found out it is listed ( we would never have bought if known). Our solicitor and also the building society solicitor have never picked up on this and also the vendor said it wasn't listed on the home report
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Was the fact it was listed shown on the property enquiry certificate provided by the seller's solicitor? If not you have a claim against the search company. If it was and your solicitor didn't notice, you have a claim against your solicitor.
Happy to discuss further.
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Customer: replied 2 years ago.
Hi.thanks for your reply I'm not sure where I would find this. The seller stated on the home report it wasn't listed also I'm worried if I take it further that the mortgage company would remove the mortgage as they may not have lent on a listed building Could you also let me know roughly what the claim would be. Thanks
Expert:  JGM replied 2 years ago.
Ask your solicitor for a copy of the Property Enquiry Certificate. You may also have a claim against the seller for misrepresentation.
If the purchase has completed the mortgage company can't pull the mortgage.
Come back to me when you have the PEC.