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What happens when "searches" prove inaccurate?
Raggie
Posts: 616 Forumite
Question: when a solicitor acts in the purchase of a property, they conduct a number of searches, enviromential, planning etc. The solicitors uses a "third party" company to conduct said "search" the vendor pays the fees and the property is finaly sold to the vendor.
If these searches then prove to be inaccurate. Who is at fault.
The company undertaking the "search"?
The solicitor instructing the company to do the "search"?
Remember the vendor only instructed the solicitor to undertake the "search" the choice to use a third party was with the solicitor.
Who would one expect to burden the liability in such a case?
Discuss........
If these searches then prove to be inaccurate. Who is at fault.
The company undertaking the "search"?
The solicitor instructing the company to do the "search"?
Remember the vendor only instructed the solicitor to undertake the "search" the choice to use a third party was with the solicitor.
Who would one expect to burden the liability in such a case?
Discuss........
The only place where success comes before work is the dictionary…
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Comments
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The solicitor, as that is who you pay. Who they use is immaterial to you but they are responsible for their report.
N.Never be afraid to take a profit.
Keep breathing. :eek:
Just because I am surrounded by FOOLS does not make me wise. :j0 -
Thanks..
I'm currently pursuing solicitor, gona be interesting to see how they handle it!
Have also shot one across the bow of the provider asking them directly why the error has occurred and what they plan to do!
Best to keep every one on their toes I think!!!The only place where success comes before work is the dictionary…
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I do know of a case, reported on here, where the local water board had privided search results that stated that the property had mains drainage whereas it did not. The water board ended up paying the cost of attaching the property to the main sewage system.
At the end of the day whoever supplied the info is responsible for what it says. It doesn't matter who asked the question, I would think the answerer would be liable for what it says.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
Thanks..
I'm currently pursuing solicitor, gona be interesting to see how they handle it!
Have also shot one across the bow of the provider asking them directly why the error has occurred and what they plan to do!
Best to keep every one on their toes I think!!!
Settle quickly if they make you an offer.
It is almost impossible to successfully sue a solicitor.
N.Never be afraid to take a profit.
Keep breathing. :eek:
Just because I am surrounded by FOOLS does not make me wise. :j0 -
Settle quickly if they make you an offer.
It is almost impossible to successfully sue a solicitor.
N.
I see where you comming from that. But solicitor has already put it in writing that the informtion they supplied "via the third party" was incorrect.
Hence my question.
If solicitor has admitted error they will try to say "not me" chase search provider. Personally I think as they chose, let's call them a sub contractor inthe privison of information, that the solicitor is at fault.
The ball is currently in their court. They have been asked what action they intended to take to ensure I am not dissadvantaged by this error. They have asked for time to consider.The only place where success comes before work is the dictionary…
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Agree with you.I see where you comming from that. But solicitor has already put it in writing that the informtion they supplied "via the third party" was incorrect.
Hence my question.
If solicitor has admitted error they will try to say "not me" chase search provider. Personally I think as they chose, let's call them a sub contractor inthe privison of information, that the solicitor is at fault.
The ball is currently in their court. They have been asked what action they intended to take to ensure I am not dissadvantaged by this error. They have asked for time to consider.
Solicitor should pursue their subcontractor on your behalf.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
As a matter of interest what is that wasn't revealed that should have been revealed?RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
You have no (legal) relationship with the search provider. You have a contract with, and paid, the solicitor. So you sue the solicitor.
The solicitor, however, DOES have a legal relationship with the search provider as he instructed (and paid) them. So he can in turn sue them.
If you buy sub-standard petrol from Tesco and it damages your car, you sue Tesco, not the oil company that refined/supplied the petrol.0 -
All depends. If the solicitor tells you that so-and-so has provided the following information, then they could have passed the buck. I would have thought that if the water conpany states that the property has mains sewage then it is liable if it doesn't.
What is the issue here? If we had more idea we could give better advice.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
Chancel liability .... I have a certificate from a well known provider of such checks that states "no liability".
Downloading a copy of my land registry information (to check all is ok) I discover a charge registered against the property.
Nice one eh???The only place where success comes before work is the dictionary…
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