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Solicitors at fault? - failure to forward / read documents
Comments
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thewrongtrousers wrote: »Yes unfortunately so, otherwise it wouldn't be much of an issue.
Why?......0 -
sparky130a wrote: »Why?......
They connect to a huge boiler (a 1970's one), the plumbers we have asked won't replace/ remove the boiler without the these pipes being removed first.0 -
Who told the solicitors that the asbestos survey was up to date? They didn't arrange the survey so someone must have told them that the available survey was up to date who told them that?0
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Who told the solicitors that the asbestos survey was up to date? They didn't arrange the survey so someone must have told them that the available survey was up to date who told them that?
The PMC arranged the survey (they complete one every two years) and told the solicitors it was up to date. That isn't really the issue though, the PMC sent a form to the solicitors with the report indicating that the flat was not included in the asbestos survey.
The solicitors did not pass this on to us, nor tell us at any time that the flat was not included in the survey. The survey itself is quite vague and does not state where it does and doesn't include within the property. Whenever we specifically asked about asbestos in the flat they told us that according to the the survey there was no asbestos in the flat. But of course there was no way it would say this as the survey didn't cover the flat and they should have known this having been given this information by the PMC.0 -
Let's cut the carp.
What exactly do you wish to achieve? And from whom?0 -
sparky130a wrote: »Let's cut the carp.
What exactly do you wish to achieve? And from whom?
Pretty certain I've already said. But as far as I can tell the solicitors (buyer and seller were the some company) have not done their job correctly, and as a direct result of this it will cost us £500. Therefore I believe they should set the situation right.0 -
You're getting a lot of push-back about this, and I'm not sure why. It sounds reasonable to me that the solicitors should refund you the £500.
You specifically asked if the survey covered the flat. The solicitors told you it did, when they had documents that said it didn't.Mortgage when started: £330,995
“Two possibilities exist: either we are alone in the Universe or we are not. Both are equally terrifying.” Arthur C. Clarke0 -
Though there's no guarantee that (a) being told the survey didn't include the flat would mean that you'd then get one which did include the flat, and (b) that you'd then have got £500 taken off the price.0
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Even if the solicitor had made you aware of the asbestos pipe, it would then have been up to you to negotiate with the vendor as to its removal. Which they may, or may not have agreed to. Are you seriously trying to claim you wouldn't have purchased the property if you'd have known about it? I doubt it.
Furthermore, the removal of the asbestos seems to have instigated by you in replacing the boiler - why do you think someone else should foot the bill for improvements instigated by yourself?
If you think the solicitors are liable for the £500 removal cost, you're going to be sorely disappointed. At best you'll probably get a hundred quid or so as a goodwill payment recognising some administrative oversight in omitting to forward a document to you, but basically, you're being paid to shut up and go away. Which is probably the most efficient use of your time and energy.0 -
ReadingTim wrote: »Even if the solicitor had made you aware of the asbestos pipe, it would then have been up to you to negotiate with the vendor as to its removal.
The OP asked his solicitors a specific question - ''is there asbestos in the flat'' based on the legal documentation provided by the seller.
The answer given was ''no''. The answer should have been ''we don't know, we have no information specific to the flat''
The OP was on notice there was a question regarding asbestos because of the PMC earlier report. Hence asking that specific question.
What the OP would have done if he'd been given the correct answer is irrelevant. The OP completed on the basis of the incorrect assurance. Best option to go the complaints route then escalate .... They won't make it quick or easy, depends how much time and energy you want to spend.0
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