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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I'm currently involved with solicitors sorting out a

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Hello. I'm currently involved with solicitors sorting out a sale of a farm. They recommend getting planning permission which I did. ( cost circa £80k) it transpires there is a restricted covenant on the land. I wouldn't of got the planning permission if had known this. The property is being sold at the same price I would of expected without the planning permission The solicitors have offered £1430 reduction on £ 17k fees. If I accept this would I not be able to refer this to the ombudsman if I so wish..? I felt I have spent unnecessary ££ for something that should of been picked up earlier on. Thank you. Mel
Hello my name is ***** ***** I will help you,
Have they offered it in full and final settlement?
Customer: replied 2 years ago.
Yes. The sale is going through and due to complete in January.
How much would have fees been in without permission?
Customer: replied 2 years ago.
Hi..it's been an accumulation of costs..dealing with estate following death of parent, cost of sorting planning permission n now sale of farm (£ 850k) and associated costs. My question is by accepting the terms of compensation that the solicitor is offering and recognises they overlooked the covenant this will negate any case I take up with ombudsman. Had solicitors picked up the covenant issue that prevents any new building.I wouldn't of spent £80k getting planning permission that really hasnt added any value to the property as the covenant is still in place.
Has the solicitor offered this in full and final settlement?
Customer: replied 2 years ago.
Yes. Had the total invoice and the sum of £1430 is mentioned as a good will gesture. The accompanying note suggests outcome would of been the same regardless of the planning permission. I do not think this is the case as I wouldn't of wasted the time and money on Getting planning permission @ a cost of £80k.
Ok. Then no, if you accept it you can't do anything more. Once you accept in full and final settlement that is the end of the matter.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Thank you I think you have given me the answer that I needed.. In which case I may also consider rejection of the offer. Thank you very much. Mel
Yes I think so.
Alex
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