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Solicitor negligence re Lease Extension

I bought a property in 2017 with a lease extension negotiated by the sellers through my solicitor at the time and now I've come to sell it, there is an issue regarding a non standard clause meaning the ground rent doubles every 15 years. Most lenders won't accept this and I've now had two sales fall through because of this.

I made a formal complaint 11 weeks ago, to which the firm did not respond, however they agreed to pay for a Deed of Variation to enable me to sell the property but the new clause is not acceptable by the Freeholder.

When the Freeholder refused the proposed clause, the second buyer pulled out, I advised the solicitor and they said that that I needed to seek legal representation which I can't afford. They also have not responded to my emails asking for a copy of the T&C's on my file alone with the Client Care pack.

I have spoken to the Legal Ombudsman, but the maximum claim isn't enough to cover my expenses should the property be unsaleable. At the moment I am unable to live in the property as it's now unfurnished (furniture sold just before the sale fell through) and I'm having medical treatment.

The mortgage has gone on to a variable rate and I can't switch as if if I do manage to find a buyer in the near future, there will be penalties to pay. 

Am I able to represent myself? Has anyone done this and been successful?

Any help gratefully appreciated.


Comments

  • Keep_pedalling
    Keep_pedalling Posts: 22,679 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You might be better off posting this on the housing board.
  • user1977
    user1977 Posts: 19,426 Forumite
    Eighth Anniversary 10,000 Posts Photogenic Name Dropper
    edited 14 July 2021 at 9:41AM
    You'd need evidence that it was actually negligent by the standards of the time. 2017 isn't ages ago, but lenders' requirements do change over time, and I don't know how big a warning (if any) they ought to have flagged up about doubling every 15 years. As above, the Housing board is more likely to have knowledge on that point.
  • Thanks, have posted on the Housing Board now.
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