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Solicitor completed sale without requesting searches

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Comments

  • TheJP
    TheJP Posts: 2,021
    1,000 Posts Fourth Anniversary Name Dropper
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    Where you charged search fees? Did you not ask why you weren't shown anything to do with the searches when asked if you would like to exchange contracts? 
  • GDB2222
    GDB2222 Posts: 27,297
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Forumite
    GDB2222 said:
    Just to clear, I’m not looking at anyone being struck off 
    That's exactly what should happen to them. Whether the initial failure was laziness or incompetence, who knows, but that was followed up by outright lies if your account is accurate. Lies to you concerning the searches and lies to your lender, who could theoretically recall the mortgage on the strength of it and force immediate repayment of the loan. So that's repeated professional negligence, breach of contract and mortgage fraud into the same bargain. 

    What would they need to do to get a formal complaint lodged? Burn your house down? Seriously, unless these people are held to account the service we receive, already circling the pan especially in this industry, will continue to get worse.
    The SRA is very hot on solicitor dishonesty, but we don’t know the full story. In most firms the conveyancing is not done by solicitors, and the person responsible for the transaction may have lied to the solicitor in charge of the firm, for example. 


    Indeed, but the solicitor is responsible for fulfilling the contract. If the work is done by an assistant or outsourced it's the solicitor's responsibility to check and validate it, not to take the word of a third party. Failing to do so is not qualitatively worse than themselves owning the task and simply not doing it. And that's before we even get to the deception part.
    I agree that the firm is responsible for the entire process, including any mistakes by the assistant. However, my point was simply that there may have been no deliberate lies by the solicitor, as he may have been misled by the assistant. Of course, failing to investigate the complaint properly is not at all good, but it is not the same as deliberate deception. 
    No reliance should be placed on the above! Absolutely none, do you hear?
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