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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 5921
Experience:  Dual qualified Solicitor and Attorney
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Thanks for that I have a couple more questions. 1. If I sell

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Hi thanks for that I have a couple more questions. 1. If I sell my house quickly and move on can she pursue me with a claim if I am no longer the legal owner. 2. My daughter has a law degree and wrote a letter of response to Irwin mitchell within the 14 days and also sent additional information within 28days. What time limit ,if any, do they have to comply with in terms of their next correspondence with us. I would like to get this dealt with quickly. Are there any time limit rules that we need to know about ?

Hi thank you for your message, 1. the issue would be if you sell the house part of the disclosure to any potential purchasers would revolve around the need to disclose the ongoing litigation. A failure to disclose this material fact to potential purchasers could mean they then pursue you if they in turn are pursed by Irwin Mitchell. 2. If this is pre-action correspondence then there is no imposed timescales to force them to issue a claim. If they issue a claim then there are timescales that come in at that stage. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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Customer: replied 7 months ago.
Hi thanks for your message. Once I have disclosed the litigation to the buyer can the buyer take out an indemnity policy to protect them from being involved in any on going litigation to do with this water table issue? Also having disclosed the issue to the buyer and moved on can the owner of next door, who has initiated all this, pursue me legally when I am no longer the owner?
Hi thank you for your message, yes they could take out an indemnity. Once it’s sold and you are no longer the owner then my view would be no they could not pursue you further at that point. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 7 months ago.
Hi thank you for your message.At this point, we have disproved the claim that the rainwater downspout caused her problem by putting a hosepipe in the gutter for 10 minutes and videoing the water running down the gulley with no splashing. We also got the water board out to check the drain underground with a camera which showed no problems. We received a letter before claim concerning this issue which has been refuted by us. Do I have to disclose this to a potential buyer if I hear no more from Irwinmitchell? Are Irwinmitchell obliged to respond to our letters of response if they decide not to pursue this or could they legally just ignor it and never contact us again
Hi thank you for your message, there is a question of judgement here is they sent their letter say last week, you responded this week and you get a buyer in say a month I would say you should still disclose it. Conversely, if you hear nothing for 6 months then it could be reasonable to conclude the potential litigation is not going further and therefore does not need to be disclosed.
Irwin Mitchell do not have to respond unfortunately.
I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.