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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Law
Satisfied Customers: 10953
Experience:  Barrister 17 years experience
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I bought my house back in 2012 when my solicitor carried

Customer Question

Hi I bought my house back in 2012 when my solicitor carried out our search it came back that our house was not listed.
We recently put our house on the market to now find out that our house is infact listed.
We would not have bought this house if we knew it was listed and now finding it hard to sell a listed building!
Where do we stand with this please?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. You can sue the search agency or whoever carried out the search for damages for any loss caused by the building being listed. Essentially, whoever carried out the search owed you a duty of care, in both contract and tort to carry out that search carefully so that if it was listed, then this would have been found out. Failing to carry out the search carefully to find out your building was listed, constitutes negligence and you can sue for damages for the loss caused. So you should find out from the solicitor who carried out the search. You will also know that this service provider will carry professional insurance. So there should be a professional indemnity policy available to meet any damages award. All losses suffered, such as the loss in value and any additional expenses associated with a sale, will be met.
Expert:  Buachaill replied 2 years ago.
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