Un-mortgagable property - solicitor should have known?

Too_Hairy_Husky

Thank you Holly - like I say, I know we sound naive and I've never tried to reclaim money in my life - I just cant help but think that if they had done their job a bit more thoroughly / quickly I might still be in my own home. And that's the kind of thought that keeps a girl awake at night... x

holly_hobby

Although you must also accept that the choice to proceed with your own sale, without even having a mge offer on your own purchase, was ulitmately your own.

Anyhoo see what results from your complaint.

Hope this helps

Holly

Let_Us_See

I have the fullest sympathy with your position, but were you made aware of a covenant by the selling agent on initial inquiry? If so, you should have investigated thoroughly before making any offer, and if not, I would have a word with the selling agent and ask "why not."

Let_Us_See

PS. Also worth checking if the owner had a mortgage, and if so, who was the lender?

Too_Hairy_Husky

Thank you - yes, we were aware of it and (other than the obvious!!!) it would not have affected us. It essentially stated that if we built a house on the land we would have to pay the seller 40% of the profits. We had no intention of building, ever. We told PPL about it when they took on the case, asked them to look in to it again at the beginning of January - but they said it wasn't a problem. The owner did have a mortgage with Nationwide, but apparently criteria are so strict these days even they would not lend on it now...

foxwales

Solicitors act under your instruction. If they weren't performing to your satisfaction, you should have dismissed them and appointed another solicitor.

There doesn't appear to be a claim for negligence here unless you can prove that they informed you the Covenant was trivial and just a formality.

Your only avenue of recourse would be through the civil court, once you have exhausted avenues of potential recompense and evidence gathering from the solicitors.

I don't think you have much chance of bringing a case against the solicitors firm i'm afraid.