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Special Conditions - Legally Binding?

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Comments

  • In fact, our solicitor has responded asking when/where the alleged words were used and if there were any witnesses. We have a bet on that his wife will have been there during this mythical conversation;).

    To get back to the original question, in the unlikely event that we need it, is the Special Condition legally binding?
  • timmyt
    timmyt Posts: 1,628 Forumite
    edited 16 February 2011 at 6:24PM
    dorsoduro wrote: »
    Looked positively gleeful when we showed him the special conditions and seemed cautiously optimistic.

    We prefer not to hide behind these conditions, as we have nothing to hide and have done nothing wrong, but they're our back-up and we wondered how watertight they are.

    Anyway, you lovely lot are cheaper than £200 per hour (plus VAT):rotfl:

    sounds like £200 per hour was well spent, and yes they are binding particularly as you each had your own lawyer.
    My posts are just my opinions and are not offered as legal advice - though I consider them darn fine opinions none the less.:cool2:

    My bad spelling...well I rush type these opinions on my own time, so sorry, but they are free.:o
  • timmyt
    timmyt Posts: 1,628 Forumite
    dorsoduro wrote: »
    A flat roof went rather pear-shaped during the very cold spell in early December, about 4 weeks after completion.


    and...you don't say how you come into it....did you say something to suggest it was in perfect condition?

    (don't tell us though as it is then public record)

    either way, one word against the other is not easy to prove and well done solicitor for that clause
    My posts are just my opinions and are not offered as legal advice - though I consider them darn fine opinions none the less.:cool2:

    My bad spelling...well I rush type these opinions on my own time, so sorry, but they are free.:o
  • dorsoduro wrote: »
    Absolutely nothing, as not once during his seven visits to the property did he ask anything whatsoever about the roof (or anything else about the fabric of the house for that matter).

    See above. As I said, he didn't even ask about it - we certainly didn't reply to a non-existent question...
  • timmyt wrote: »
    sounds like £200 per hour was well spent, and yes they are binding particularly as you each had your own lawyer.

    Agreed, though I fear there may be a few more £200s before we've finished...

    Many thanks - that's what I wanted to know.
  • Soot2006
    Soot2006 Posts: 2,185 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Just ignore him.
    I hate to say it but your solicitor is seeing you coming. Their solicitor is seeing them coming. The only ones benefiting in any way are the solicitors.
  • timmyt
    timmyt Posts: 1,628 Forumite
    Soot2006 wrote: »
    Just ignore him.
    I hate to say it but your solicitor is seeing you coming. Their solicitor is seeing them coming. The only ones benefiting in any way are the solicitors.

    bit of an 80s attitude, as lawyers are all about fixed prices these days - hard on them to quote upfront but they have reacted to help clients budget.

    do it alone, fine, or save a whole load of headache and get a 'solicitor' in.
    My posts are just my opinions and are not offered as legal advice - though I consider them darn fine opinions none the less.:cool2:

    My bad spelling...well I rush type these opinions on my own time, so sorry, but they are free.:o
  • Doozergirl
    Doozergirl Posts: 34,082 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please stop writing Letters. It's much more likely to go away quickly if you don't entertain it. Otherwise you've both spent enough to fix the problem and more, they're still wrong and the roof is still broken!
    Everything that is supposed to be in heaven is already here on earth.
  • tamarto
    tamarto Posts: 832 Forumite
    timmyt wrote: »
    bit of an 80s attitude, as lawyers are all about fixed prices these days - hard on them to quote upfront but they have reacted to help clients budget.

    do it alone, fine, or save a whole load of headache and get a 'solicitor' in.

    In this case i'd agree with the person you quoted,as i've read it OPs solicitor has replied but by asking who what where, etc which is obviously going to elicit a reply then a refutal and unless they are doing it for kicks is going to cost the OP. Whereas if the OPs solicitor had written 'prove it' no more replies needed unless they could actually offer some sort of 'proof'
  • dorsoduro
    dorsoduro Posts: 26 Forumite
    edited 16 February 2011 at 8:23PM
    Very many thanks to you all - some extremely useful replies, for which I'm hugely grateful.
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