Sale Blocked by Potential Claim

zzzLazyDaisy

I am not sure that changing solicitors would help at this stage.

If your buyers change solicitors, the first thing the new solicitors will do is to request the file from the current solicitors. They will then be on notice about the tree problem and will be under a duty to advise the buyers accordingly.

In any event, the solicitor cannot prevent the buyer from proceeding with the sale, they are perfectly entitled to proceed against their solicitor's advice should they so wish (although imo there isn't much point in paying a solicitor and then ignoring their advice). Unless of course the lender is with-holding the mortgage offer until the issue is resolved?

Mandalena

zzzLazyDaisy wrote: »

I am not sure that changing solicitors would help at this stage.

If your buyers change solicitors, the first thing the new solicitors will do is to request the file from the current solicitors. They will then be on notice about the tree problem and will be under a duty to advise the buyers accordingly.

In any event, the solicitor cannot prevent the buyer from proceeding with the sale, they are perfectly entitled to proceed against their solicitor's advice should they so wish (although imo there isn't much point in paying a solicitor and then ignoring their advice). Unless of course the lender is with-holding the mortgage offer until the issue is resolved?

The lender hasn't yet been told, apparently as a favour to both the estate agents and the buyers, perhaps in the hope that I would admit liability and the issue would no longer be a problem for my buyers and my neighbour. I haven't any idea what the claim will be for as yet or even if there will be one. Does anyone have any ideas how long a claim would normally take to be issued? Is there a way the process could be hurried up before the chain breaks down?

DVardysShadow

zzzLazyDaisy wrote: »

I am not sure that changing solicitors would help at this stage.

If your buyers change solicitors, the first thing the new solicitors will do is to request the file from the current solicitors. They will then be on notice about the tree problem and will be under a duty to advise the buyers accordingly.

Assuming buyer's solicitor is playing straight here, that is true. However, I read it that buyer's solicitor is not necessarily passing on resolution options and is acting more for neighbour than buyer, so if buyer changed solicitor, it would stop neighbour calling the shots over the sale.

Vincenzo

Do you know if your neighbour is actually insured? It appears odd to me that they have instructed a solicitor. I would have thought the first port of call would be their insurers who would in turn instruct solicitors if deemed necessary.

If on the other hand they do not have a valid insurance policy, this might explain why they have instructed a solicitor and why they are so intent on getting you to admit liability.

Mandalena

Vincenzo wrote: »

Do you know if your neighbour is actually insured? It appears odd to me that they have instructed a solicitor. I would have thought the first port of call would be their insurers who would in turn instruct solicitors if deemed necessary.

If on the other hand they do not have a valid insurance policy, this might explain why they have instructed a solicitor and why they are so intent on getting you to admit liability.

Thanks for your comments.
This is exactly what I am wondering about. My neighbour is a personal friend of my buyer's solicitor, my solicitor has asked for details of my buyers insurance company and has not yet received them. It is unclear in what capacity the buyer's solicitor is acting although she has written that she is representing my neighbour, I believe the whole matter is being considered by her insurance company but my buyers think my neighbour has handled things badly with them from what they have learned from their solicitor.

dacouch

It is fairly difficult and unusual for a neighboor to be able to sue you for root damage, they have to demonstrate you are "Legally Liable". This in effect would mean you were aware your tree was causing damage and took no action and / or you did not take reasonable precautions eg did not maintain the tree

Mandalena

dacouch wrote: »

It is fairly difficult and unusual for a neighboor to be able to sue you for root damage, they have to demonstrate you are "Legally Liable". This in effect would mean you were aware your tree was causing damage and took no action and / or you did not take reasonable precautions eg did not maintain the tree

Thanks for the comment.
I wasn't aware and the tree has been gently pruned, it is not very large, my neighbour complained when I pruned the nearby hedge which was blocking light from my windows. Just the fact that a possible claim is pending, very unjustly in my view, seems to be preventing me from selling my home. Even if the claim never materialises, which is quite probable, the delay will cause the chain to collapse unless there is an alternative solution to be found.