Problems with solicitor after sale...

ambercelery

Hi
I am after some advice as I've recently purchased a property (mid April) but have been experiencing some problems with the solicitor since then.

Basically, my situation is as follows. I purchased a buy-to-let property using the same solicitor that i used to buy my first property. I was told that the sellers of the flat were also using this solicitor (well , same company different solicitor) and we were only able to do this as both myself and the sellers were previous customers of that solicitor firm.
Everything went through well, until I decided to take out a British Gas property care plan to look after my central heating. I was informed that the boiler wasnt working and was in very poor condition - and in fact could blow up if used. The safety value had been disconnected and they told me that whoever did this wasnt an official British Gas person - and even anyone that was Corgi registered would not do this. I also found two bottles of sludge remover in the loft - proving that the previous owners had experienced some kind of problem.

When i purchased the buy to let property, I paid for a survey but the solicitor kept the results and they never went through anything with me. When I asked at the time, I was told all was fine. I asked the estate agent and they said everything was in fully working order. I have since phoned them, and they said that unless the seller tells them, then they have to assume everything works and therefore they are not liable.

When i found out this news from British Gas, I had to replace the boiler and all radiators in the buy to let property and this also cost me one months lack of income from the rental property. A total cost of around £3900 (the property is a 2 bed flat)
I contacted the solicitor and they told me they would contact the sellers solicitor etc and sort it out. Anyway, i then had 3 weeks of to'ing and fro'ing between myself and the sellers. They said the boiler was working fine when they sold and they had never had problems with it (even though british gas have told me there is no way it worked and was lethal to use). I told the solicitor this and have not heard back since.
I have emailed numerous times asking for some feedback - and have left numerous voicemails on their answer phone (as suprisingly everytime I phone, they are not at their desk and the receptionist puts me through to voice mail). The last time I heard back was over 3 weeks ago and still it was left that they would chase it up.
In one of the conversations, the solicitor told me that they had seen that it said on one of the documents "buyer beware" about somehting. I quizzed them about this as I said I was never told this at the time of buying the property and since they have not mentioned it to me. I am thinking that the survey results may have detailed buyer beware of the boiler - and the solicitor is now knowing that it is their error in not informing me.

Can anyone please help me to know where I stand on any of these matters? How can I get the money back for the boiler etc, or at least some of it.?
How can i get the solicitor to help me out when they wont even reply to my calls or emails?
I do not understand why it is taking so long for them to sort out seeing as both mine and the sellers solicitor work in the same building - unless they realise that they are in the wrong.

Any help will be greatly appreciated!

RiskAdverse100

The way in which solicitors practice is governed by a number of Practice Rules.

Practice Rule 6 states that two solicitors in the same firm cannot act for both the seller and the buyer in a property transaction if there is a potential conflict of interest.

If the transaction is very simple and the solicitors are sure that a conflict of interest will not arise then two solicitors in the same firm can act for both the seller and the buyer in certain situations. One of these is where both the buyer and the seller are established clients.

In practice a property transaction would have to be extremely straightforward for there to be no possibility of a conflict of interest arising.

Transferring a bit of your garden to your neighbour might be an example of such a transaction.

However, I just cannot believe that two solicitors involved in this flat sale were absolutely sure that no conflict of interest could arise. On the evidence that you have put in your post, a clear conflict did arise and you have suffered financially as a result.

I would write a very clear letter to the solicitor who acted for you. Don't telephone them anymore as it is clearly not working.

You should say in this that you are not happy with the service you have been given. You believe that the same firm should not have acted for both the seller and yourself because there was a clear conflict of interest.

You want the firm's complaints procedure to be followed and you expect a reply from the solicitor within 7 days confirming that this is the case otherwise you will have to complain to the Senior Partner of the firm. You should make it clear that you will ultimately have to make a complaint to the Law Society.

You must refer to the additional expenditure that you have incurred and tell the solicitor that you believe that this would have been avoided had he acted in your best interests. You should suggest that the solicitor has in fact been negligent and must contact the firm's Professional Indemnity Insurers immediately.

If you don't get a prompt reply from the solicitor who acted, then write a similar letter to the Senior Partner. You will be able to find out who he is from https://www.solicitors-online.com

Ultimately you may need to complain about the solicitor to the Law Society. How to complain is on their website at https://www.lawsociety.org.uk

RiskAdverse100

cedge

What survey did you buy for the property as if it was just a valuation then the lender does not have to provide you with a copy.

Loretta

I wish you very good luck with this problem, I have a problem with a solicitor which has been going on for nearly 3 years. This firm also refused to answer my calls and letters. The have recently refused to give me the name of their insurers. I have made a complaint to the Law Society, after waiting 15 months to reach the top of the list for having complaints dealt with, I have now been waiting saince last october for them to do anything, to date they have stilol not contacted the firm of solicitors. Do not think that the Law Society are going to be of any help. I would suggest that to move this along you must act quickly, I would call round to this firm and say you are going to sit there to see either the solicitor or the senior partner. Solicitors know that there is not a lot you can do about them and they rely on you to give up. They also know that the law Society is completey useless dealing with complaints.