Certificate of structural adequacy

silvercar

https://forums.moneysavingexpert.com/discussion/comment/81966557#Comment_81966557

Very suspicious. To issue a contract in the morning and have exchanged the same day is fast going. To transfer a deposit from the seller to their solicitor to the seller’s solicitor within a few hours is fast work- assuming the deposit was paid by bank transfer and not cash in suitcases!

GDB2222

https://forums.moneysavingexpert.com/discussion/comment/81967669#Comment_81967669

The seller’s solicitor was very likely in breach of the SRA code of conduct, but I don’t know whether to report it. What would you do?

It was not without consequence for my wife and me, as we were straining to meet the seller’s very tight deadline. So, I made some financial decisions that have cost money. If we had known sooner that a second contract had been issued, I think we would have dropped out and saved money, as well as our nerves!

Tiglet2

https://forums.moneysavingexpert.com/discussion/comment/81968059#Comment_81968059

One of the difficulties will be proving exactly when the seller's solicitor became aware that the seller had agreed a contract race with the other buyer, and how soon did the seller's solicitor pass on that information to your solicitor, who then told you.

GDB2222

https://forums.moneysavingexpert.com/discussion/comment/81968512#Comment_81968512

The seller’s solicitor emailed my solicitor to say that a second contract had been sent out about 4 hours before that contract was exchanged. I obviously don’t know when the seller’s solicitor first knew about it but my understanding is that he should have informed us straight away.

silvercar

https://forums.moneysavingexpert.com/discussion/comment/81968059#Comment_81968059

I’d ask my solicitor for their view. If they think there was a breach then I’d report it on principle.

subsidence_expert

A Certificate of Structural Adequacy can be obtained after the event by a different consultant. Perhaps that's what the person who bought it did?

sherlock228

sounds as though fate has handed you a lucky escape…

to undertake a structural adequacy assessment the engineer would have had to make invasive tests around & under the property which, as you are not the owner, would have needed the seller to give permission for.

Total unknown whether the seller would have co-operated with that, given an adverse result would have killed the house value, but ongoing uncertainty would impact its marketability.

Personally I'd be walking away in gratitude for a near miss and not bothering over the contract issue - assuming of course you have not incurred excessive legal fees for abortive legal work on your side, and therefore would like to "get your own back" in some manner.