Road adoption - solicitor issues!!!

SplanK

Right...
without going into too much detail as this is an ongoing case as it were so.... if you cant be bothered reading - then basically I want to know peoples opinions on what to do next.... stick a complaint in with the solicitor and see where it end up, or if the issues are "trivial" in the grand scheme of things and just let it settle now we have moved in.
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Back in Sept 08 we purchased a property - the property was a "part ex" and a local estate agent took ownership. We had the offer accepted and what not and we went through the motions...

We selected our solicitor who went through the motions and sent us a letter to advise us of various information on the searches... one of them was to advise us that the road maybe un-adopted and further investigation was needed...
Anyway - we corrected any details needed, discussed other issues and advised the solicitor of the date we wanted everything to be completed... this was about 7-9 days before the completion date. This was done via letter which was hand delivered.

Completion day came and the issue of the road adoption came up again - why I wasn't talked to about this sooner I don't know.... anyway after calling them more or less every 30 minutes throughout the day they were still unsure - they were under the impression that half the street was adopted and half of it wasn't.... they advised me that to protect me and my mortgage lender that a sum of money would be held back from the total of the house as security until the road was adopted to be held in trust with my solicitor for 12 months... if the road failed to become adopted then the money would return to us, if the road was adopted within the 12 months then the money would go to the seller. Regretfully I got nothing in writing to confirm this though.

Everything was ready to go and we managed to complete on the Friday as requested - we moved in...

Now I have just managed to get around to looking into this and after talking to the council and doing research - it turns out that the road my property is on IS adopted and has been for some time - however there is a road that adjoins our street that is not adopted.... this must be where the confusion was however this was clear to me and clear to the council...

After emailing the solicitor asking for written confirmation of the deal that was struck regarding the un-adopted road - they then advised me that the money was with the sellers solicitor until the road became adopted... nothing about the money returning to me after 12 months... this is in email - again not writing

I am more disappointed that they have advised me incorrectly and the deal that was struck with them had suddenly changed without my knowledge or say so.... in the grand scheme of things, as it appears that the road is adopted and the sum of money is not that great I'm half tempted to say "balls to it" and let it settle... however I'm rather narked off over the whole thing so tempted to stick in a complaint as it does appear that they have not done their job correctly....

Robert_Sterling_3

You have not said how much money is involved.

SplanK

The sum that was agreed to be held back in trust was £1000

The house + contents was £127,750..... so the seller received £126,750 and £1000 was ment to be held by my solicitor for 12 months - but the whole amount (£127,750) was transfered and is "apparently" held in trust with the sellers solicitor - i have not confirmed that as of yet as im planning my next move with the info I have now!

SplanK

oh and im not after claiming the £1000 back as mine - the road appears to be adopted from the information I have gathered, its the sellers fair and square as was agreed (although would be nice hehe!) - im more narked off with the solicitors

silvercar

Forget it. Doesn't effect you and you acknowledge you would not be entitled to it. Even if the solicitor was proved to be negligent you have not lost out.