Can we sue Solicitor?

ruggedtoast

Ricools wrote: »

Well we have just returned from a meeting with another solicitor and he seems to think that this is quite straight forward.

The missives were concluded (which in Scotland means a binding contract) and the solicitor gave us the keys (and in front of the seller and even attached them to a keyring with her firms logo on them).

It is totally acceptable to use the same solicitor because we were both existing clients and it was supposed to be a straight forward exchange. It is also normal for the solicitor to carry out checks after the missives have been concluded but what seems to bes our saving grace is the fact that she handed over the keys to us. What would normally happen in a case such as this, would be that the final checks would be carried out prior to entry and if something like this had come up then the solicitor would have been informed us of it and we would be told that we couldn't move in and would have to wither wait until it had all been sorted out or find another place. Because we had actually moved in when all this came to light and we had fufilled our end of the contract, it is very likely that the solicitors professional indemnity insurance will have to cover the costs of transferring the deeds into our name.

Our new solicitor said he is pretty certain that this will work out in our favour but also had to point out that there is a very small chance that it might not. He said to go home with some reassurance and to do whatever people do when they have just moved in to a new house. It sound promising for us but we're keeping our fingers crossed still until it is 100% certain that we are here to say. I will keep you all posted. Again, thanks for all your posts and advice.

I look forward to catching up on this thread again when it is 150 pages long.

AMILLIONDOLLARS

Thrugelmir wrote: »

On what grounds?

According to Ricools, he was told to go home and do what normal people do when they move into a new home. If the new solicitor does not start action to prevent the returns of funds to the BSociety within 7 days, then surely Ricools has no home?

AMD

googler

ruggedtoast wrote: »

I look forward to catching up ....

It'll be a lot shorter if you selectively quote .....

ruggedtoast

googler wrote: »

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Like this? Thanks, everyone loves a forum pedant.

Ricools

Hi all

The new solicitor is aware that the funds need to be returned within 7 days. He is now in communication with my old solicitor also.

For anyone interestered - When instructing a solicitor to carry out all the necessary legal processes of buying property you are covered by what is called a "letter of obligation" and this is basically a guarantee. More info here http://www.journalonline.co.uk/Magazine/48-4/1000479.aspx.

Ricools

googler wrote: »

I hope so too, but it's not clear from OP's most recent post whether they have merely taken advice from the new solicitor, or if they have instructed the new sol to take some action.....

We have instructed the new solicitor to take immediate action.

googler

Ricools wrote: »

We have instructed the new solicitor to take immediate action.

Cool. Let us know how it all pans out.

Ricools

Our new Solicitor is not messing about and has now sent the old solicitor a letter to inform her that we are suing for negligence and professional misconduct.

Thrugelmir

Ricools wrote: »

Our new Solicitor is not messing about and has now sent the old solicitor a letter to inform her that we are suing for negligence and professional misconduct.

What compensation will you be entitled to? Not in terms of monetary value but for.

AMILLIONDOLLARS

I'd be more concerned about keeping hold of the house then suing at this point!

AMD