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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3844
Experience:  Solicitors 2 years plus PQE
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My solicitors failed to explain the consequences of a pre-emption

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My solicitors failed to explain the consequences of a pre-emption agreement to me. I now own 533 acres but have given over control of that land to a tenant for 20 years as a tenant and I can only sell the land to my tenant as his solicitor has registered a restriction on the sale of my land to anyone else through the land registry. I was never told that this would happen by my own solicitor who seems to have been working for my tenant. They have sold my farmhouse to my tenant, they released the deposit to me. I will be evicted from my farmhouse on 1st December 2015 if I have not vacated the property before then. My tenant has had a superior solicitor who has controlled negotiations and the lack of communication from my solicitors has been very bad. My solicitors quoted £11,000.00 four the work, their final account came to nearly £22,000.00. They should have kept me informed of the rising fees and ask permission for these rises. I asked for a breakdown of charges and that request was completely ignored. I would like you advice as to what to do next. From being in a very secure position thanks to my solicitors I now find that I have no control over my land and can be evicted from my house. I thought that a solicitor had to work for the best interest of their client.
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
1. The Law:
This falls under a number of categories:
- Professional Negligence;
- Failure to provide the service with reasonable care and skill under Supply of Goods and Services Act 1982 Section 13;
- Breach of Solicitors Code of Conduct Rules - failure to follow your instructions and advice properly.
2. Breach
- Any of these breaches amount to either a contractual breach or breach of regulatory obligations.
- Also the solicitor has clearly failed to accurately advise you the cost estimate.
3. Remedy;
- Remedy for a contractual breach is all the losses you have suffered as a foreseeable and natural consequence of the breach;
- You can either:
Calculate your exact losses and go sue the solicitor in the County Court;or
- Make a complaint to the Legal Ombudsman
What you need to do first is write to the solicitor and make a formal written complaint and request that your entire file be returned to you. I would then recommend that you contact another solicitor to pursue the complaint against this solicitor. The solicitor is more likely to take your complaint seriously if they believe you have been properly advised by a third party adviser.
I look forward to hearing from you.
Kind regards
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