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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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I sold a residential property by a contract of sale dated 20th

Resolved Question:

I sold a residential property by a contract of sale dated 20th October 2009; exchange of contracts took place on 20th Oct and completion was on 30th Oct 2009.
I have received a claim for breach of contract, received and issued (protectively) on 29th Oct 2015. It was served on 13th Feb 2016.
The breach of contract relates to statements in the contract that I had not carried out any works to the property, when in fact I had and in contravention of planning laws.
My question is whether the claimant is time barred from bringing an action.
Michael Boyle
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Here, the six years runs from the date of the contract and not the date of the conveyance. So, the action taken against you is statute barred. The solicitor for the purchaser here, should have issued the writ on 19th October, and not the 29th October. They were ten days too late in relying upon the date of the conveyance. Accordingly, in defending these proceedings, the first point you should raise is the defence of the Statute of LImitations. After six years these proceedings are time barred. Additionally, you should also realise that the substantive case was poor here as well. That was why the case was issued so late. Generally, if the case had been any good, then the purchaser would have issued it immediately and not be waiting until time had expired on the claim.
Expert:  Buachaill replied 1 year ago.
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