Sale Blocked by Potential Claim

Mandalena

Milliewilly wrote: »

The new owners would not be liable as the claim would be classed as 'pre - inception damage' by the new owners insurers - it has to be a space of (I think 7 years) for the claim to go onto the new owners insurance.

Just a thought - has the buyers survey highlighted any problems?

Thanks, I will look into that angle, no the survey did not highlight any problems with the tree.

missile

I would not hold out much faith in the Law Society. They will certainly do nothing in the short term and probably diddly in the long term.

I would try to by-pass solicitors and discuus the issue directly with your buyers.

not_loaded

missile wrote: »

I would not hold out much faith in the Law Society. They will certainly do nothing in the short term and probably diddly in the long term.

I wholeheartedly agree with this remark.

Having dealt with them twice, I’ve found that the Law Society pretend to be the customer’s friend but in reality they are are 100% solicitor aligned. They will not help.

Mandalena

not_loaded wrote: »

I wholeheartedly agree with this remark.

Having dealt with them twice, I’ve found that the Law Society pretend to be the customer’s friend but in reality they are are 100% solicitor aligned. They will not help.

Oh dear, I wish that wasn't the case.
I spoke to my solicitor today and he says there is nothing I can do to speed up the process, my buyers solicitor hasn't even sent details of my neighbours insurance company as asked. I guess I am in a powerless position.

DVardysShadow

!!!!!! wrote: »

TBH I would report the buyers solicitor. There is at the moment no dispute. He should not be mentioning anything that is within another clients confidentiality, regardless of the fact that they are friends.

There is a definite conflict of interest.

The problem is that there is a convergence of interest rather than a conflict. Buyer's and Neighbour's solicitor has duty to both Buyer and Neighbour. She has not done anything which has harmed either of those parties - yet. Unless she can be proven not to have passed on the offer of transferring the interest in the insurance.

zzzLazyDaisy

The buyer's solicitor does not owe the seller a duty of care because there is no contract between OP and the solictor. Similarly there is no conflict of interests, since the solicitor is not acting for both seller and buyer.

So in this situation OP has no complaint or claim against the buyer's solicitor, who was acting in the best interests of their own client, the buyer, by divulging information with the permission of their other client, the neighbour.

Mandalena

DVardysShadow wrote: »

The problem is that there is a convergence of interest rather than a conflict. Buyer's and Neighbour's solicitor has duty to both Buyer and Neighbour. She has not done anything which has harmed either of those parties - yet. Unless she can be proven not to have passed on the offer of transferring the interest in the insurance.

I am wondering whether she has, I have had no response to the offer. From my position all communication from the buyers solicitor has been aimed at me accepting liability (which would invalidate my insurance). My tree is unlikely to be held responsible as the neighbour's whole house is moving forwards having been underpinned in the past and if the tree caused her problem why wasn't I told about it years ago?
I believe my position is being exploited but there seems to be nothing I can do but wait to see if a claim does arrive then dispute it.
Interestingly my buyers are asking for copies of all correspondence so perhaps they will find out the true picture.

Mandalena

zzzLazyDaisy wrote: »

The buyer's solicitor does not owe the seller a duty of care because there is no contract between OP and the solictor. Similarly there is no conflict of interests, since the solicitor is not acting for both seller and buyer.

So in this situation OP has no complaint or claim against the buyer's solicitor, who was acting in the best interests of their own client, the buyer, by divulging information with the permission of their other client, the neighbour.

I am not trying to lodge a complaint, my buyers want to buy my house ASAP, we are frustrated by the situation and would be glad to find a way around the problem.

DVardysShadow

Mandalena wrote: »

I am not trying to lodge a complaint, my buyers want to buy my house ASAP, we are frustrated by the situation and would be glad to find a way around the problem.

Talk to buyers Find out what they are being told.

Consider recommending to buyer that they change solicitor - think long and hard before doing this and take advice. But it does seem that their solicitor is putting the neighbour's issues first, even though there is not a strict conflict of interest here.

Mandalena

DVardysShadow wrote: »

Talk to buyers Find out what they are being told.

Consider recommending to buyer that they change solicitor - think long and hard before doing this and take advice. But it does seem that their solicitor is putting the neighbour's issues first, even though there is not a strict conflict of interest here.

Thanks for this advice, my buyers have been keen to talk to me, my solicitor advised me not to because of the potential seriousness of the claim and the pressure on me to admit liability to move things forward. I have exchanged emails but feel wary of making suggestions, this solicitor has a reputation for being difficult and may be the one advising my neighbour if her insurance fails to cover her house problem.