Dispute / complaint question.

PJD

Say I brought a property, to which there were no declared disputes, yet, after I'd moved in, I then found out that there had been complaints, all logged with the environment health, police, etc whatever.

So, I then wanted to take legal action against the seller, but I didnt know where she lived?

Is there anything I could do? I could contact her solicitor who she used to sell obviously, but if the solicitor then didnt have her forwarding address either..????

silvercar

Contact your solicitor, they will have the details of her solicitor.

PJD

But what if her solicitor didnt know her forwarding address? For example, the lady had moved on from her initial forwarding address?

Cheers

Astaroth

The solicitor is the legal representative of the client and therefore any proceedings etc can be done to the solicitors address and it is effectively their problem if they have lost track of their client.

epoman

Astaroth wrote:

The solicitor is the legal representative of the client and therefore any proceedings etc can be done to the solicitors address and it is effectively their problem if they have lost track of their client.

Sorry but thats wrong. The Solicitor acted on the conveyance and those instructions do not automatically extend to any dispute arising out of the transaction.

You need to track the vendor, something your solicitor can instruct an enquiry agent to do for you.

Bossyboots

epoman wrote:

Sorry but thats wrong. The Solicitor acted on the conveyance and those instructions do not automatically extend to any dispute arising out of the transaction.

You need to track the vendor, something your solicitor can instruct an enquiry agent to do for you.

Also, they would have to confirm they are instructed to accept service of the documents. Without this express statement, the papers have to be served directly on the party named in the proceedings.

If there is reason to believe the solicitors know where their client is, they can be ordered to disclose that by a court but this is all going to cost money which may not be recoverable if they do not have the information and/or she cannot be found.

theGrinch

out of interest, what would be the ultimate aim of the legal action?

Astaroth

epoman wrote:

Sorry but thats wrong. The Solicitor acted on the conveyance and those instructions do not automatically extend to any dispute arising out of the transaction.

I can only say that this is what our senior solicitor did and the other sols accepted service of the papers.

Certainly in non-home buying cases a representing solicitor is an agent of their client and therefore interactions can be with either - my personal knowledge of this area of law is somewhat limited but assumed as it "worked" in my circumstances that the law was not different.

Bossyboots

Astaroth wrote:

I can only say that this is what our senior solicitor did and the other sols accepted service of the papers.

Certainly in non-home buying cases a representing solicitor is an agent of their client and therefore interactions can be with either - my personal knowledge of this area of law is somewhat limited but assumed as it "worked" in my circumstances that the law was not different.

The solicitor has to be instructed in a particular case to be able to accept service of documents and unless specifically indicated, papers should not be sent to a solicitor. Just because a solicitor has done the conveyancing does not make them agents of the client once the transaction is over. Indeed, many conveyancers have not knowledge whatsoever of civil court work.

Some might be willing to contact the client and tell them they have received papers and therefore be instructed retrospectively. If not, the papers have to go back to the court for service or the solicitors might forward them on and the client accept service that way. One of these reasons will be why it worked in your case.

epoman

Astaroth wrote:

... the other sols accepted service of the papers.

They must have been specifically instructed to do so by their client.

Astaroth wrote:

Certainly in non-home buying cases a representing solicitor is an agent of their client and therefore interactions can be with either.....

Yes, but only so far as that tranasaction is concerned. Once it is completed the retainer comes to an end.

Poppy9

Did you or your solicitor ask if there were any disputes before purchase?