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Ulfar Posts: 1,309 Forumite

17 December 2015 at 5:26PM
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DaftyDuck wrote: »

Do they have liability to anyone other than their client, in that respect?

I ask from a position of complete ignorance (which will come as no surprise to anyone...).

Its a good question but they have been directly responsible to the failure of the contract between the vendor and buyer at the bottom of the chain, it would take a judge to decide whether or not the can be held liable but this is why they have professional indemnity insurance.

I would say the vendor at the bottom would have a good case as the solicitors actions have led to a direct loss for them, those further up may have less of a case depending how far up the chain you go.

I could see it get tricky for the buyer at the bottom as while the solicitor should make sure things are ok before exchange, this doesn't absolve their client from all of the blame as they should have known whether they could pay the price.

If the solicitors are not liable then what is the point of them.

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