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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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A land development contract is not watertight and our

Resolved Question:

A land development contract is not watertight and our solicitors have suggested we seek councils advise at our own expense. Shouldn't our solicitor sort it out?
Submitted: 9 months ago.
Category: Property Law
Expert:  Thomas replied 9 months ago.

Hi

Did they act on your behalf in drafting or approving the Contract?

Tom

Customer: replied 9 months ago.
Customer: replied 9 months ago.
My solicitor drafted and approved the contract so shouldn't they pay for councils advice?
Expert:  Thomas replied 9 months ago.

Hi

Thanks for your question. I will try to help.

There is no legal obligation on them as such to pay for legal advice.

If you consider that the reason that the dispute has arisen is because of negligent or poor drafting or consideration of the document from your solicitor then you can put that to them and ask that they contribute to the costs of obtaining counsel’s advice.

If the situation which has arisen is unique and not something that can general be anticipated then it would probably not be correct or fair for you to claim that the solicitor should have considered this and pay counsel’s fees.

Ultimately, if counsel’s advice is require then it needs to be obtained as soon as possible (whoever pays for it) so you may consider paying for it but reserving your right to complain to the solicitor later to have counsel’s fees paid.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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