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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Type your question here. vendor purchased earlier for �403k

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vendor purchased earlier for �403k with mortgage, i buying for �370k no mortgage did not have survery done.
after purchase find the property has got asbestos in. "searches" show that in 1974 and 1999 Council have written on drawings that their is asbestos in property and has to be removed. We have taken photos now that walls have been exposed and asbestos is still in walls. Also in 1974 their is an "enforcement order" on property stating no retailing permitting. Had I known this I would have either oborted sale or renegotiated price. Surely Converyancing solicitor should have picked up about asbestos and asked for certificate to confirm removal. Regarding the Enforcement order, he said that "he did not think it would bother us" this dispite knowing we would be running a business from their.
Submitted: 1 year ago via InBrief.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

When you refer to "searches" are you referring to the local search that your conveyancer carried out?

Tom
Customer: replied 1 year ago.


The searches are the ones made to Torridge District Council

Expert:  Thomas replied 1 year ago.
Hi,

Yes, a local search. These are carried out by your solicitor in the pre-contract stage before you exchange.

Are you saying that the copy of the search that your solicitor passed to you has the asbestos entries that you refer to you?

Tom
Customer: replied 1 year ago.


yes correct when i go into Torridge Council planning and put in 713/1999 it brings up previous applications to this property known as ANVIL HOLDINGS plus it gives the previous name this bungalow was called.


On the drawings it shows were their is asbestos when planning was applied to modify and extend property. It is printed on and hand wriiten about the asbestos. please note it was not a "woolaway" bungalow.


 


I was told it would not have shown up on survey report as it was hidden and that the vendors would have had to consented to a "CORE SAMPLE" being taken, i dont think they would have agreed as the property is rendered. But Conveyancer should have informed me that it was stated as being presence and asked for sight od removal certificate. He did neither.


HE TOOK IT UPON HIMSELF NOT TO INFORM ME OF THE ENFORCEMENT ORDER DATED 1974 REGARDING RETAILING


 


sue

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience, I think there was a problem with the website there for a bit.

With old buildings that have been “on the books” of local authorities for a long period of time then sometimes there are lots of entries registered against the property. Some will be relevant to your use of the property following completion, some will not.

For example, the conveyancer would not be inspected to get the planning entry for a rejected change of use application 40 years ago, since the application would have been rejected and that would have been the end of it so they conveyancer would take the view that there would be almost certainly nothing to gain from spending more of your money to get a copy of a irrelevant entry.

However, where an entry is potentially relevant to your continued use of the property a conveyvancer would get a copy of the entry. If the plans to the entry suggested there was asbestos at some point jn the future then they would (or should) inform you and advise you that you should strongly consider getting a asbestos survey.

I think you have to take the search, your conveyancer’s report on title/your correspondence from the solicitor and a copy of the entry that has the plan on it to another local solicitor to ask there opinion on whether the conveyance has discharged their duties or whether there is a case for negligence.

In respect of the enforcement order I personally would have asked for more details of the order if the seller was in occupation at the time, but I would not expect them to tender further information if they were not in occupation and would instead (perhaps) make an enquiry of the local authority but in any event the Seller would have confirmed that there were no such issues to resolved and it’s not likely that the council would hold significant detail on the order now anyway.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6466
Experience: BA (Hons), PgDip, Practising Solicitor
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