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Help conveyencer negligent?

I need you!
I have exchanged and can't complete as the tenant won't move out so the owner is in breach of contract.
My conveyencer removed the clause which gave me an assured payment from the buyer ie. the interest remedy. Is this negligent?
Thank you!!

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I'd say he was doubly negligent.

    1) he should not have allowed you to Exchange before the tenant had left
    2) he should not have removed your remedy from the contract.

    Were either of these things explained to you at the time? Did you agree to them and/or make the decision, or did the solicitor do it without your knowledge or understanding?

    Were you buying with a mortgage? Was he also acting for the mortgage lender? No lender would allow Exchange till the tenant was out, and they would rely on their solicitor (usually the same one) to check this.

    Have you lloked up the solicitor's firm's complaints process and/or Senior Partner?
    Have you written to the solicitor asking for explanations?

    In case this becomes a major issue - get something on paper and in the post.
  • BASFORDLAD
    BASFORDLAD Posts: 2,418 Forumite
    This could be a major problem!!!

    Houses with tenants can be like opening up a can of worms
    For everthing else there's mastercard.
    For clampers there's Barclaycard.
This discussion has been closed.
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