House seller lied to solicitor

rocketman46

Should I speak to next door nicely and ask how and what is happening etc etc etc.

Or just do through solicitor?

NinaSwiss

Since the buying process can take over 3 months before completion, Is it possible that searches were carried out just before planning was sought/granted ?
If this is the case, then the searches wont have discovered the planning and its possible the seller wont have had an idea (unless seller was informed by council or neighbor)

rocketman46

view to moving in was 5 weeks. So i reckon the seller new, and plus we had no paperwork from previous seller that neighbors would of given them.

sinbad182

rocketman46 wrote: »

Should I speak to next door nicely and ask how and what is happening etc etc etc.

Or just do through solicitor?

No, deal with the solicitor.

The neighbour has done nothing wrong that you know of - they applied for planning permission and by all accounts received it.

moneyistooshorttomention

Seabee42 wrote: »

Having just received the searches for the property I am buying they very specifically refer to planning permissions granted within 250 yards of the property.

The answer was nil.

Since the searches come from the local government (that one anyways) the answers from the local government were included in my case as well as the solicitor summary.

I would be checking my paperwork. If nothing shows I would be taking action. Note I advise the local government answer as it may not be your solicitor.

My environmental searches gave me a list of all proposed extensions, etc, within a certain range of my house-to-be. They were put in order of nearness to the property and I was quickly able to scan down and realise that the nearest would be far enough away from me.

dotdash79

I think you need a different firm of solicitors to take this up is might get expensive, do you have legal cover with your home insurance policy?

If so contact them.

ValHaller

before rushing off to find another solicitor, wander off to your council planning department and ask to see the planning file for your neighbour's development. You have the right to see this. You might strike lucky and find an objection from your vendor. Have a look through the Property Information Form too. Take your time over investigating and thinking.

princeofpounds

Yes you do not need to react quickly to this. If you jump in with accusations your solicitor may well suspend your file as a condition of their malpractice insurance, leaving you to find another one to pick up the pieces and sue the original one. Not what you want to to do until you are pretty sure it is the solicitor's fault.

As Valhaller said, investigate the dates and circumstances of the application itself first of all.

Then look through your documents to see if you were given a copy of the relevant search. If so, check to see what was on it. If not, request a copy from your solicitor in writing. Don't make it at all confrontational.

Also see if you were given a copy of the SPIF (seller's property information form). See what the seller responded to the question about planning. Again, get a copy from solicitor if you need to.

Then, if the solicitor did have information and lied, or refuses to help, then make an official complaint in writing to them. Keep it brief and constructive. They will probably stonewall you but you need to follow this procedure through before you can go to another solicitor or the regulator.

If the solicitor did not receive any information then you can discuss next steps with them, as they are probably best placed to help you pursue the vendor.

Good luck.

wabbitpoo

Not an expert, but if its NOT down to a conveyancing solicitor to check this, then what the bleep are they for? Might as well do it yourself.

I can't believe they are not ultimately responsible for finding this information on your behalf, although pound to a penny they'll have a clause that basically says "if we miss something then hard cheese" (rather like I suspect surveyors do!

Good luck though, and do keep us informed.

Windsorcastle

ging84 wrote: »

why would the seller have to disclose what are public records they possibly know nothing about

I was thinking the same - does a neighbour automatically get informed of Planning Permission? I have had neighbours both sides do building work (loft conversion and an extension) and I was never given any formal notice of this.

How would you prove the seller knew?