UK Property Law
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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?
Who prepared the auction pack?
What is the buyer's position now, do they not require to see the searches?
So, has the sale to the present buyer' been arranged completely independently of the auction?
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
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.
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