Please help - mis-sold property?

Deborah_A_2

sonastin wrote: »

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?

The conversion of the loft was more than apparent in the particulars of the property, which the solicitor had access to. The conversion was not mentioned in the lease of the property, again which the solicitor had access to. The advice that was sought from counsel agreed that there was a case for the solicitor involved to answer.

Thanks for your advice! Please see my response above

Deborah_A_2

superted187 wrote: »

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

That is a good point, thanks! I have just read the advice that was sought from counsel by the solicitors and they do remark that the valuation from the building society has ticked the box for 'maisonette' and left the 'flat' box blank.

Thanks

GDB2222

Deborah_A wrote: »

Thanks for your advice! Please see my response above

If counsel's opinion was sought and was positive about your chances, what reason does your solicitor have for thinking you don't have a good case? He must have explained.

ILW

Can you not just get the conversion signed off?
If it was all done correctly, will only cost a couple of hundred quid and the problem is solved.

Deborah_A_2

GDB2222 wrote: »

If counsel's opinion was sought and was positive about your chances, what reason does your solicitor have for thinking you don't have a good case? He must have explained.

He has said that with the indemnity policies in place, the difference between the property with full building regulation approval and now is minimal, and would be below the financial limit to be dealt with in the small claims court, does anyone know if this is true?

He does not even mention the case of negligence against the previous solicitor and how this could be dealt with?

He now feels the case should be closed.

Deborah_A_2

ILW wrote: »

Can you not just get the conversion signed off?
If it was all done correctly, will only cost a couple of hundred quid and the problem is solved.

To do the job correctly, the wrought-iron spiral staircase would have to be removed, a proper full staircase installed and a firedoor installed and an escape ladder fitted. Sadly NOT a couple of hundred quid work.

That would still not deal with the negligence of the original solicitor or surveyor.

Thanks for the comment though, I wish it was that easy.

celyn90

Deborah_A wrote: »

Can I get a copy of the survey? Who would have requested this, the mortgage company or the solicitors?

Did you just have the banks valuation survey done or did you get a proper survey done when you bought the flat?

Was the property priced fairly when you bought it - in relation to other properties in the area that sold at the time?

Your own loss aside, is the property priced fairly now - in relation to other similar properties that have sold in your area recently?

The land registry will tell you the answers to the above. Do the figures tally with the lending patterns at the time, regardless of the house?

neverdespairgirl

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.

Why do you think that? Do you have any reason to believe it?

GDB2222

Deborah_A wrote: »

He has said that with the indemnity policies in place, the difference between the property with full building regulation approval and now is minimal, and would be below the financial limit to be dealt with in the small claims court, does anyone know if this is true?

He does not even mention the case of negligence against the previous solicitor and how this could be dealt with?

He now feels the case should be closed.

Have you had a valuation done to confirm he is right about that?

Deborah_A_2

GDB2222 wrote: »

Have you had a valuation done to confirm he is right about that?

Not yet, as I only got the letter last night. Am waiting to hear back from an estate agent friend in the area to ask if he had heard of these policies and how they would affect market value, if at all.