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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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unsure who to ask recently bought a business which was described

Resolved Question:

unsure who to ask recently bought a business which was described by the agent as going concern however we have since discovered no electrical certificate, no certificate for extractor hood, none of the appliances had been tested or checked no food left in freezers no legal fire extinguishers also we were not aware that we should have questioned the excessive rent prior to talking business on takings have been excessively quoted as local traders have all confirmed a slow run down of business even to the point that previous owner didnt even buy sausages in towards completion not good considering a cafe we have never bought a business before and obviously have been taken for a 'ride' dont know where to turn
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Did you instruct a solicitor to act on your behalf please?


Tom
Customer: replied 1 year ago.

yes , this particular solicitor never advised us on anything in fact i never even saw the inside of his office

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If you have instructed a solicitor to act on your behalf to deal with the business sale and pre-contract searches/enquiries then your first port of call should be to them.

Normally, a solicitor would request the business sale contract and associated documentation from the Seller’s Solicitors. This would include Commercial Standard Property Enquiries if there was a lease on the property and you can see from the following link that they would ask many questions of the Sellers:-
http://ld.practicallaw.com/2-101-3053

The sale contract would usualy say that the whole understanding of each parties is evidenced in the contract or in written replies between solicitors. So, you have not the things that you now have a problem with and check them against the written correspondence and replies to enquiries submitted by the Seller to your solicitors.

If those replies are false or the Seller has misrepresented anything then you would have a claim against the Seller under breach of contract for misrepresentation and would be entitled to damages.

If the replies are correct according to what you now know then you would not have a claim against the Seller but may have a claim against your solicitor if those replies were not adequately reported to you or not reported at all.

The file that the solicitor has for you is yours if you have paid their fees. You can ask for a copy so that you can check yourself.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6653
Experience: BA (Hons), PgDip, Practising Solicitor
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