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Negligence, if so by whom?

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  • Negligence, if so by whom?

    My father sold his house in 2010 (he is now has alzheimers and is in full time care so is not in a position to help). He has now been approached to repay the Council £25K due to an upaid grant loan taken out in 2006. This came about as the originals buyers are now selling and the new prospective purchasers solicitor has pointed out an outstanding Land Charge.
    In my view the original purchasers should be after compensation from their solicitor for not doing their job properly?
    Does my father have a case (actually me as I am now a Court Deputy) to sue his solicitor for not having cleared the land charge before paying all sales monies to my father?
    Doubly upsetting as my father does not now have the funds as he has had to be self funding in the care home due to his 'assets'.

  • #2
    Re: Negligence, if so by whom?

    Who wants the grant paid off?

    If father's buyer is now selling and his buyer wants it removed then father's buyer may have a case against the solicitor who acted on the purchase if that solicitor did not require its removal at the time.

    However it may well be that notwithstanding this failure the contract still imposed an obligation on the father to pass a title minus such entries. This will depend on contract wording. So father could have that obligation to his buyer.

    If his solicitors did not advise him of this and he acted to his detriment and spent the money then his solicitors may end up also having a liability.

    So if buyer's solicitor's PI (professional Indemnity) insurers are trying to claim against father then he needs to make a claim against his solicitors and let the two sets of PI insurers fight it out!
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.