Missing paperwork in house purchase

sillymum

Hello

Thanks for your advice. I won't contact the council then!!

I can't believe that our solicitor hasn't got any more paperwork about the sale, although it is really strange that he ignores our repeated questions for the information. He's always been really quick to answer queries. He did say at the time of exchange that the sellers weren't helpful at all and were just generally difficult but could they just refuse to complete that form?? That really would have set those alarm bells ringing if the solicitor had told us that! It was a very stressful time trying to move (the chain collapsed on the day we were supposed to exchange and our sellers blamed us, although it was the people at the bottom of the chain who pulled out, nothing to do with us!). After an incredible amount of problems we eventually completed almost 7 months after all the sales were agreed. We got bad vibes from our sellers the whole time and their estate agent described them as "extremely difficult people" , but we didn't realise that they were being so obstructive. I thought you were legally obliged to complete those forms??

I'm not sure whether the estate agent sent the solicitor a copy of the particulars. I wish I'd realised that the form should have been sent to us to check it. I just thought the solicitor would be dealing with it and we'd had so many problems I was just focused on actually exchanging. Now I know better obviously!

So what should I do if it turns out that the solicitor has been negligent? I don't want a refund or anything (I doubt they'd offer one anyway!), I just want to be able to relax a little and not worry that something might crop up sometime in the future (e.g. the council requesting that the garage be demolished as no planning permission requested, the extension collapsing, the neighbours mentioning some awful dispute that has been going on for years...obviously my mind is working overtime!!). I must practice my deep breathing...

Thanks for your advice everyone, much appreciated.

Richard_Webster

The Council COULD take enforcement action, but usually unless a difficult neighbour tips them off and they feel obliged to act, they often have better things to do. Sometimes it is worthwhile applying retrospectively for the various permissions but this will depend on the circumstances and the likelihood of hassle and disruptive investigations being necessary. Under planning law after a period of time the work becomes legally immune from enforcement so sometimes you can simply wait out the time.

You do need to be happy that the property is structurally OK and if you had a survey your surveyor should have told you that.

You only have a claim against your solicitor if you actually suffer loss as a result of his negligence.

If the sellers were being difficult it is quite possible that if your solicitor had explained what he couldn't find out because the forms were not completed, you would still have proceeded. That's probably what he will say if challenged.

I still think you could ask him to make clear in writing what he did and didn't find out. He should have provided a written report for you and I would ask him for one now and threaten that if he doesn't provide it you will report him for inadequate service.

Did he just sit you down and basically say "Sign here..." wthout any real explanation of what the documents were and their significance? Did he show you the Land Registry entries and plan (or if the property was unregistered at the time, copies of the relevant deeds) and explain their contents.

As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients.

lotto-dreamer

In rare cases there is no such form available. Sometimes executors selling a property in a dead person's estate don't know about the property so won't complete the form, and the same applies if a lender is selling a repossessed property

I've done a little bit of checking up - and was going to advise you of exactly what Richard Webster has said!

Apparently, strictly speaking, the seller only has to deduce title (to prove he can legally sell the property and the solicitor checks all the necessary rights of way, easements, charges, covenants etc)

The Property Information form (or similar) is therefore not always used. BUT most conveyancers will want to know as much about the property as possible and will at least raise enquiries - and if a seller refuses to answer if they've lived in the property, alarm bells would certainly be ringing loudly.

I think it all depends on your particular circumstances. You certainly should have received far more information from your solicitors than you seem to have done.