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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7620
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I purchased a property 2 years ago. No mention from the seller

Resolved Question:

I purchased a property 2 years ago. No mention from the seller nor my Solicitor of any disputes or planning permission on adjoining land. Now the seller has started to build 8 x 2 bed fishing lodges on the boundary of my garden. This planning was already in place and granted. Where do I stand as this is going to have a huge impact on our lives and also when we come to sell the property.
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.You’re going to have to request a copy of your file from your solicitor.If either the seller misrepresented the position when asked a pre-contract enquiry either in the property infomiration forms or directly in correspondence by your solicitor, then you may have a claim against them under contract for misrepresentation. If the planning permission was disclosed by the seller to your solicitor or referred to in your local search that they would have carried out and your solicitor did not advise you of this, then you may have a claim against your solicitor if they did not report it to you or provide you with a copy of the search/seller’s solicitor’s reply before you completed the purchase.Once you have received the file (your solicitor have to give you the file if you ask for it providing that there are no fees outstanding) you can review it and determine which (if any) of the above applies. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
Customer: replied 1 year ago.
Hi TomThank you,To be clear the seller neglected to mention the PP on the forms when requested. They simply replied with a 'NO' as to wether PP was in any adjoining land. However they marketed the property previous to us purchasing it with another estate agent with the PP as a bonus and obviously they were asking for more money with all as a whole. This was unknown to us until recently.Our Solicitor has stated (upon request) the searches they undertook showed nothing and they went off of the sellers response.I will also request the file today.Many thanksMarc
Expert:  Thomas replied 1 year ago.
Yes, well, it seems you will have a claim against the seller for misrepresentation. Tom
Expert:  Thomas replied 1 year ago.
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