Conveyancing help please!

devotee

Hi, I need some help, which is kind of part 2 from this thread:
https://forums.moneysavingexpert.com/discussion/3394268

In a nutshell, the problem is now that our solicitor "feels obliged" to tell our lender about the knotweed. For some reason I find the whole thing a bit fishy, let me explain...

We got a mortgage offer shortly after making an offer on the flat (a month and a half ago-ish). The bank sent their surveyor who valued it at the price we were offering and that was all fine. The lender is a major high street bank. We had our own survey booked and that came with no mention of knotweed either.
Then a week later we got an info from the vendor's solicitors that the weed was found and that could impact our service charges.
We got no advice regarding that matter from our solicitor at all, but I asked him not to tell the bank and he pretty much ignored me.
I got a bit of a discount through the EA and the solicitor got his copy.

And he just let it slipped in the conversation that he was telling the bank, regardless of the price change or anything about the knotweed. He pretty much would have not told us at all! When I asked why, he replied they were "his clients" so he had to tell them.
Never mind that we were his clients as well.....
Anyway we told him were were not happy and we don't think we were advised correctly by him so the letter to the bank is not posted yet.

Btw, rang some other solicitors who told me they were not aware of any obligation to inform the bank of the knotweed, especially as the bank's surveyor has inspected the property not long before it was discovered.

So who is right really and where do we stand? I really think he should have informed us of his intentions before the "letter was in typing". Shouldn't bank's surveyor (that we paid for as well) have spotted the knotweed seeing that it was not that long ago since we got the mortgage offer?
And do solicitors have to inform the bank?
Thanks!

Alter_ego

He is your solicitor and you "Instruct" him. Unless something is illegal, immoral, etc I see no reason for him to ignore your instructions.

devotee

Alter_ego wrote: »

He is your solicitor and you "Instruct" him. Unless something is illegal, immoral, etc I see no reason for him to ignore your instructions.

Thanks, that's what I thought too! I'll dis-instruct him tomorrow! Mind you how can he represent both us and the bank at the same time????

holly_hobby

Its a material fact that may affect the suriety (ie resale ) of the property in respect of the lenders interest.

The solicitor does not want to be later sued by the lender for non-disclosure, of a material and possibly property affecting fact.

If knotweed gets into the foundations (and it can and does) of the property horrendous issue - plus if the lender needs to resell due to possession, the ability of a future mge being secured on the property will be adversly affected by the presence of KW.

The fact that the other surveys did not raise it, does not dismiss the fact that it is present and a real isssue, which all connected parties should be made aware of.

Personally, it this were me and this info had surfaced, I would withdraw from the pch - as any future sale of my own may be prejuidiced by the presence of KW. Or you add as a condition of sale that the Vendor gets this professionally removed at their expense.

Hope this helps explain why your Sol has advised the lender of presence of KW. (and I would rather take the view of being thankful I knew about it this before completing, giving me a chance to cut my losses and run)

Good luck with whatever you decide to do - but the eradication of KW can be a costly and long and laborous road

Holly

devotee

Thanks Holly, but I'm not thankful to my solicitor at all, he was going to inform the lender without telling us. And vendor's solicitors have informed us of presence of knotweed, not our solicitor.
No, finding another property is not an option I'm afraid and the knotweed is some 60 metres away from the flat (communal garden is huge and the weed is at the border with another property), so in that respect in a terraced London property a whole street can be threatened by the weed and you might not even know it!

Yorkie1

You forget that the solicitor acts for the lender as well as for you. He therefore has duties within his instructions from the bank, as well as from you.

KateLiana27

The survey results should have been for your eyes alone. (Not talking about the valuation here - that's the bank's business even though you have to pay - but the survey is yours). I'm not sure how or why the vendor's solicitor got hold of the information? And what business they had passing it onto your solicitor?

(Edit - I wrote some stuff which might not apply in your situation, sorry!)

The_Palmist

I think the solicitor is just doing his/her job here and cover their backsides.

devotee

KateLiana27 wrote: »

The survey results should have been for your eyes alone. (Not talking about the valuation here - that's the bank's business even though you have to pay - but the survey is yours). I'm not sure how or why the vendor's solicitor got hold of the information? And what business they had passing it onto your solicitor?

(Edit - I wrote some stuff which might not apply in your situation, sorry!)

Nothing came up on survey regarding the knotweed! As far as the survey is concerned there is no knotweed. I think the vendor's gardeners have discovered it and informed the vendors and thence us.

devotee

The_Palmist wrote: »

I think the solicitor is just doing his/her job here and cover their backsides.

Yes I think he's just covering up his @rse disregarding mine :mad:

devotee

Yorkie1 wrote: »

You forget that the solicitor acts for the lender as well as for you. He therefore has duties within his instructions from the bank, as well as from you.

No I don't get that! We instructed him, he got sent the mortgage offer so he represents the lender now? So why are we paying him???