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JGM, Solicitor
Category: Law
Satisfied Customers: 12072
Experience:  30 years as a practising solicitor.
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Hi I got an inhibition preventing me from selling any property

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Hi I got an inhibition preventing me from selling any property till a debt at my previous solicitor was settled, I sold a property which is currently changing hands at the moment. The solicitor for the client I am selling the property to has contacted the solicitor I am due the debt to, to get the inhibition removed. I sent a cheque to clear the debt but which bounced as funds I am waiting on hadn't came in. My previous solicitor has informed the clients solicitor the cheque bounced and has created hell today. Is my previous solicitor allowed to divulge this info without my consent?
Arguably no, your former solicitor should not have disclosed the fact that the cheque bounced to your client's solicitor without your consent.
However is such disclosure was made to explain why your former solicitor could not remove the inhibition, then it is difficult to argue that your former solicitor did anything wrong as the client's solicitor must have approached, with your consent, your former solicitor with the request to remove the inhibition.
Under Rule 4 of the Solicitors Code of Conduct, the solicitors duty of confidentiality is generally owed to former clients such as yourself, you may read the rule here
May I help further?
Customer: replied 3 years ago.
The clients solicitor did not have my consent to contact my previous solicitor so does that determine wrong doing on her part, the problem is that the client is a family member and has started talking about my financial situation now which shouldn't have been the case.
In that case the two solicitors should not have been discussing you and you may lodge a formal complaint against both of them with the SRA as breach of confidentiality is a serious matter, see here
All the best, ***** ***** feedback
Customer: replied 3 years ago.
Hi could you confirm this complies with Scottish law, thanks
Thank you for your question.
I am a Scottish solicitor and will help you with this.
The solicitor for the person you are selling to should not have been in touch with your previous solicitor at all. It is for your current solicitor to procure a Discharge of the Inhibition and to deal with your previous solicitor.
Your previous solicitor shouod not have disclosed this information to the purchaser's solicitor and you do have cause for complaint.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 12072
Experience: 30 years as a practising solicitor.
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