Can you force the solicitor to ignore an enquiry?

TheSaint_2

We are moving next week. We found out today that our wonderful solicitor who previously told the chain that all was done has an outstanding enquiry that they just submitted to the local council.

We all know how long councils take to do things. The enquiry is about an order from the council to remove an electric gate on the property. The gate was removed years ago, so there is no issue, but the solicitor insists on getting confirmation from the council. We have tried reasoning with them over it but they refuse to budge.

If I tell them I will write a letter absolving them of any liability can I insist they drop the matter? There is zero risk here, it was years ago. Someone at the council probably forgot to close the action.

What are my options? People in the chain have spent money now and some will be in a real pickle of it doesn't happen. Can I threaten to sue the solicitor for negligence or similar?

Cheers

Doozergirl

Call the council yourself and ask reallllly nicely.

It usually works

G_M

As his client, you can instruct your solicitor to ignore the matter.


the problem may be that you are getting a mortgage in which case the mortgage lender is also his client, so unless they also instruct him to ignore the matter he will have to pursue it for them.


The fact that they won't know or care is ironic- they will be reying on his advice; so if he advises the lender that it is needed, they will go along with that.

davidmcn

TheSaint wrote: »

The enquiry is about an order from the council to remove an electric gate on the property. The gate was removed years ago, so there is no issue, but the solicitor insists on getting confirmation from the council. We have tried reasoning with them over it but they refuse to budge.

Have they explained to you what risk they think they're trying to protect you from?

TheSaint_2

Just that the council might fine the home owner for having an electric gate Yeah... Really!

TheSaint_2

Thanks for all the replies. I will try calling the council. And possibly our lender if that doesn't work.

Cheers

davidmcn

TheSaint wrote: »

Just that the council might fine the home owner for having an electric gate Yeah... Really!

For having an electric gate which doesn't exist? In any event (assuming this is a planning enforcement notice?) the council can't simply "fine" you.

Mistral001

Since this involves a Public Authority, ignoring them could be, strictly speaking, a criminal offense rather than just a civil matter. If that is the case, the solicitor might not be able to legally act on an instruction from a client to ignore the enquiry.

Comms69

TheSaint wrote: »

Just that the council might fine the home owner for having an electric gate Yeah... Really!

That’s not what he/she said though I’m sure- given that a council can’t fine anyone

olgadapolga

We did but we were cash buyers and the things they were worried about (boiler/electrics) we were going to have replaced anyway.

Simby

I instructed my solicitor ignore some things and proceed.

In my case a possible liability ( it was max 240 per year to the council so it could not possibility have been more then 2000 assuming the vendors never ever paid) it would have taken weeks to get the confirmation for all prior years, so instructed my solicitor to proceed without the confirmation.

But I was a cash buyer