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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I'm currently involved with solicitors sorting out a

Resolved Question:

Hello. I'm currently involved with solicitors sorting out a sale of a farm. They recommend getting planning permission which I did. ( cost circa £80k) it transpires there is a restricted covenant on the land. I wouldn't of got the planning permission if had known this. The property is being sold at the same price I would of expected without the planning permission The solicitors have offered £1430 reduction on £ 17k fees. If I accept this would I not be able to refer this to the ombudsman if I so wish..? I felt I have spent unnecessary ££ for something that should of been picked up earlier on. Thank you. Mel
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you,
Have they offered it in full and final settlement?
Customer: replied 1 year ago.
Yes. The sale is going through and due to complete in January.
Expert:  Ash replied 1 year ago.
How much would have fees been in without permission?
Customer: replied 1 year ago.'s been an accumulation of costs..dealing with estate following death of parent, cost of sorting planning permission n now sale of farm (£ 850k) and associated costs. My question is by accepting the terms of compensation that the solicitor is offering and recognises they overlooked the covenant this will negate any case I take up with ombudsman. Had solicitors picked up the covenant issue that prevents any new building.I wouldn't of spent £80k getting planning permission that really hasnt added any value to the property as the covenant is still in place.
Expert:  Ash replied 1 year ago.
Has the solicitor offered this in full and final settlement?
Customer: replied 1 year ago.
Yes. Had the total invoice and the sum of £1430 is mentioned as a good will gesture. The accompanying note suggests outcome would of been the same regardless of the planning permission. I do not think this is the case as I wouldn't of wasted the time and money on Getting planning permission @ a cost of £80k.
Expert:  Ash replied 1 year ago.
Ok. Then no, if you accept it you can't do anything more. Once you accept in full and final settlement that is the end of the matter.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
Thank you I think you have given me the answer that I needed.. In which case I may also consider rejection of the offer. Thank you very much. Mel
Expert:  Ash replied 1 year ago.
Yes I think so.
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