Conveyancing question.Bought my house in 2006It came witha garageBut the garage is situated with 3 others under a one floor apartment.At not time were we told the garage didnt belong to us.Now, we are being told the garage is leasehold and belongs to the apartment above.this is affecting the sale of my house.Is the Solicitor that dealt with the sale of my house liable? because they did not register or sort out/clarify the leasehold with me at the time?I saw no documents and did not agree to a leasehold at the time.
Country relating to Question: United Kingdom
Good day, I always strive to reply in the shortest possible time,I may be delayed answering other questions, attending a meeting or in court.Can you tell me to the nearest date when contracts were exchanged for your purchase?
Good afternoon,It seems very likely that the solicitors have made a mistake. You need to act very quickly though because solicitors tend to destroy their papers after 6 years and also the period within which a claim can be brought for professional negligence is 6 years from the negligent act. It may be possible to argue that that date is the completion date i.e. moving in date rather than the exchange date. You should contact the solicitors as soon as possible and request their file or at the very least a copy of it to examine what exactly went on at the time.Please remember to only rate my answer when you are fully satisfied. If you feel the need to click either "Helped a little" or "I expected more" please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue further and do everything I can to provide you with the service that you seek.Best wishes FE
If the solicitors do have their documents and they are negligent - what can I claim? As I may lose out on the house I want and the purchasers of mine mIght pull out too.
Good afternoon,Any claim for damages would be based on any loss in value of the property without the garage. If this has happened substantially then this would be the basis of any potential claim.Please remember to only rate my answer when you are fully satisfied. If you feel the need to click either "Helped a little" or "I expected more" please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue further and do everything I can to provide you with the service that you seek.Best wishes FE
30 years General Practice. All aspects of Property Law
Hi,I do hope my answer has proved to be of benefit to you. If you should require my advice in the future please do not hesitate to me starting your question with FOR THE ATTENTION OF FE SMITH.
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