Please help - mis-sold property?

Deborah_A_2

I am just going to come right out and say it. I think that my first solicitor was negligent, the solicitor I then took my case to, was very good friends with the first solicitor.

Since then, the second solicitor has been fobbing me off trying to protect his mate.

Today I contacted another solicitor based 400 miles away who I hope is impartial and will help me get to the bottom of this.

Deborah_A_2

GDB2222 wrote: »

BTW, if there are two solicitors on the same high road, they may be great pals .

I fear you have hit the nail on the head!

Grimbal

ok, but you should try and get answers to:

- what did your information sheet about the property that was sent to your solicitor say
- what did the survey say

I think that without that information, your case is a poor one I'm afraid

Grimbal

GDB2222 wrote: »

BTW, if there are two solicitors on the same high road, they may be great pals or they may hate each other's guts.

Deborah_A wrote: »

I fear you have hit the nail on the head!

reposted for clarity - GB was indicating that you really don't have any idea about the relationship, or lack thereof, between the two solicitors

Deborah_A_2

Grimbal wrote: »

ok, but you should try and get answers to:

- what did your information sheet about the property that was sent to your solicitor say
- what did the survey say

I think that without that information, your case is a poor one I'm afraid

What is an information sheet and who would have sent it?

Who would have instructed the survey? The mortgage company or the solicitor? Who else would have a copy? Would the mortgage company?

Deborah_A_2

Grimbal wrote: »

reposted for clarity - GB was indicating that you really don't have any idea about the relationship, or lack thereof, between the two solicitors

Very true, I am getting the file sent to a new solicitor who can hopefully give me his opinion on the matter and after 4 years I can hopefully put an end to all of this!

Grimbal

Deborah_A wrote: »

What is an information sheet and who would have sent it?

when you initially instruct your solicitor, they need to know the basics. My solicitor sent me a sheet to fill in that was meant to describe the property -#beds/#bathrooms/#receptions etc etc. It also included a question asking if any extensions or conversions had been carried out. If you, as prospective purchaser, have not told him that there was a conversion, he would have been unaware, and thus couldn't have acted accordingly to check building regs etc

Who would have instructed the survey? The mortgage company or the solicitor? Who else would have a copy? Would the mortgage company?
Your mortgage company would have given instructions for a mortgage valuation survey - to check if it was a worthy risk for them. It was up to you to instruct a survery to determine whether you found it a worthy risk to you! Quite often, the two surveys are carried out together. For example, I had the mortgage valuation survey done at the same time as my homebuyers one

hope that helps ?

Deborah_A_2

Grimbal wrote: »

hope that helps ?

Thanks so much Grimbal, I am really grateful for your help.

I don't remember the solicitor sending out a form of that type though it was now 6 years ago so may have. I just assumed the property was as described by the estate agent particulars and would have said the same, 2 bed maisonette.

This I now realise was a huge error!

sonastin

Deborah_A wrote: »

I am just going to come right out and say it. I think that my first solicitor was negligent, the solicitor I then took my case to, was very good friends with the first solicitor.

Since then, the second solicitor has been fobbing me off trying to protect his mate.

Today I contacted another solicitor based 400 miles away who I hope is impartial and will help me get to the bottom of this.

If you are going to get anywhere with this, you need to back up what you think with evidence. Finding yourself out of pocket and not getting the answers you hoped for is not proof of negligence or unethical behaviour.

Why do you think the first solicitor knew about the conversion? Do you think you told him? Do you think it was in the survey report? Did you make sure he had a copy of the survey report? Do you just think that because you thought it was his job to know, he must have known?

Why do you think the second solicitor is in cahoots with the first? Because they have offices on the same street isn't exactly a strong argument. Do they play golf together? Both attend meetings of a local chamber of commerce or law society or similar? Have children who go to the same school even? Something which actually links them? What has the second solicitor actually told you about a) why he first thought you had a case and b) why he no longer thinks there is a case? It might just as easily be that he hates solicitor 1's guts so wanted to fabricate a case to get his rival, but there just isn't any evidence at all anywhere to be found.

superted187

Could this be turned on its head totaly - I.e. you go to your mortgage provider, tell them what's happened, and they accuse their surveyor of fraud?

After all, you initially got the mortgage on a 2 bed property too