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Hi
I purchased a property two years but recently discovered that a public transportation scheme was to be constructed approx 15m from my front door. The local search agency used at the time of purchase did not advise of such scheme (which it should have done), which subsequently resulted in me not being given the opportunity to renegotiate the property price or pull out of the purchase. Where do I stand legally with regard to sueing the Search Agency for my moving costs as the property no longer has the attraction it originally had before I found out about this public transportation schem and I am already getting ready to market my property. Can anyone recommend a solicitor in the UK who has experience of such cases (ideally on a no win no fee basis)? Does anyone no the best approach to take with regard to sueing the Search Agency WITHOUT using a legal representative? Appreciate all the help offered! Matt |
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If you have a copy of the search result, it should include the search agency's complaints procedure - that might be a good place to start. However, ensure that it does not mean you giving up your legal rights, as you might need to fall back on them
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This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum |
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Which company carried out the search? Was it your conveyancing solicitors or an independent company?
Complaints is always a good place to start as it's more reasonable and stands you in good stead should you get to court, you could also try the property ombudsman. Most companies would quite hapily settle out of court for something like this as this seems very clear cut and they would hate the bad press. However as Justin says, make sure you don't give away any rights. |
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Call me stupid, but can you clarify what you mean by not giving up my legal rights?
I am currently still awaiting a response from the search company (who are subsequently waiting for their insurance company to evaluate) to my original conveyencor/solicitors letter. |
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Sometimes, invoking a complaints procedure means giving up the right to sue for negligence/breach of contract. It is important to check the small print to make sure this is not the case - or offer to use the complaints procedure in an attempt to resolve the issue, only if the search agents (and their insurers) agree - in writing - that, should the problem not be resolved, you can still pursue your legal rights
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This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum |
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