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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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under sale of property, in this case a house, does the solicitor

Resolved Question:

under sale of property, in this case a house, does the solicitor acting for the seller have to disclose to the buyer the searches and other property surveys paid for by the seller prior to exchange of contract
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Why have he searches/surveys been carried out by the seller, it is for the buyer's solicitor to carry out searches on behalf of the buyer and for the buyer's lender to carry out a mortgage valuation?

 

Tom

Customer: replied 3 years ago.
Complicated...originally seller through person with Power of Atorney was going to auction property so all searches and mundic report (Cornwall) was prepared for auction pack priced at £50 but buyer put in an offer which was accepted prior to auction but REFUSED to pay for auction pack as she had every intention of demolishing it and rebuild The seller died and now executors are picking up sale and have been told that the searches and mundic report have been released to seller who is now refusing to pay for them
Expert:  Thomas replied 3 years ago.

Ok.

 

Who prepared the auction pack?

 

What is the buyer's position now, do they not require to see the searches?

 

Tom

Customer: replied 3 years ago.
Auction pack prepared by same solicitor Cash sale to same buyers They have the searches and mundic report and are not prepared to pay for it as it was prepared for auction...but they didn't pay the £50 for it as required by auction conditions So basically they have been sent the searches by our solicitor who is claiming she had to disclose them prior to sale
Expert:  Thomas replied 3 years ago.

Hi,

 

So, has the sale to the present buyer' been arranged completely independently of the auction?


Tom

Customer: replied 3 years ago.
The buyers put in an offer prior to the auction and it was accepted by the person with Power of Attorney on the condition the sale was completed before auction on 20th April Unfortunately the seller died at the end of February and so the sale was halted until probate was granted which it now has
Expert:  Thomas replied 3 years ago.

Hi,

 

My view is that if the sale was arranged completely independently of the auction and they did not contract in to the auction then there is nothing to compel the solicitor to have provided the auction pack to the buyer because I fail to see how they have become bound by the auction conditions (ie. to pay for the auction pack).

 

I would suggest that the solicitor may have been a bit hasty in having sent them the searches etc without first clarifying whether they are bound by the mortgage conditions. It's not really negligent, probably more just a result of their wanting to progress the transaction quickly for you or perhaps they were acting on information provided to them from a third party indicating that they were to enter the auction.

 

I would ask the seller to attempt to negotiate with the buyer to pay the purchase price, or a proportion of it.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Customer: replied 3 years ago.

See answers

1. I have already told you it is a cash sale...no mortgage

2 I have already told you that we have already tried to negotiate with the buyer and they have refused to pay.

3. In original question I asked if our solicitor had to disclose She is claiming she HAD to disclose them
Expert:  Thomas replied 3 years ago.

Sorry, where I wrote "mortgage conditions" I meant "auction conditions".

 

In my view, she did not have to disclose the searches if the Buyer had not contracted with the auction conditions. You should consider asking the solicitor to reduce their fees by the £50.00 that the buyer would have paid unless the solicitor can refer you to a specific contractual/legislative provision which confirms that they were under a duty to disclose.


Trust this clarifies, if so please click accept.


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6598
Experience: BA (Hons), PgDip, Practising Solicitor
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