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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70650
Experience:  Over 5 years in practice.
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i have just bought a house, in my contract it states that the

Customer Question

i have just bought a house, in my contract it states that the seller will remove all rubbish, outbuildings etc, this has all been left and my solicitors who conveyed the purchase have said that if they cannot get contact they may not be able to do anything about it
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

what can i do next

Customer: replied 3 years ago.

what can i do

Customer: replied 3 years ago.

are we still on this


 

Expert:  Remus2004 replied 3 years ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.

This question is surprisingly common.

The seller is in breach of contract.

You are therefore entitled to have all the rubbish removed and ask them to pay for the cost.

You will need to find their new address in order to write to them obviously. If they ignore your requests for payment then your only option is to sue them at the small claims court for which you will need an address.

If you cannot find them, you are faced with using a tracing agency and adding the costs of finding where they have moved to, onto your court claim

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

can my solicitors not do this as they prepared the contract


 

Expert:  Remus2004 replied 3 years ago.
They can do it but they may charge because this is not work that was envisaged in the original purchase.

They are unlikely to have a forwarding address for the seller and if they do not, all they can do is write to the seller's solicitor

Assuming that the seller's solicitor forwards the correspondence to the seller, the seller can simply ignore it