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Home » Conveyancing & Remortgage » breach of undertakings & breach of contract

06/09/2010 23:34:16

Mae
Mae
Posts: 1
Hi, I'm wondering if this forum can help.

My scenario:

On completing my house purchase at the beginning of April, the Land Registry wrote back in June to indicate that the deed of grant for the shared path between this property and the neighbour's property was not accurate or clear. They have requested that the solicitors resolve before the deed can be correctly lodged.

I have been chasing my solicitor since June to try and resolve, they had insisted that this was something the vendor solicitor needed to complete as the original house contract had clauses included for the vendor/vendor solicitor to deal with any further Requistions from the Land Registry as part of the completion.

However, my solicitor has been unable to progress the issue any further for the past two month as the vendor solicitor has refused to reply back to her emails, return calls or faxes.

In response, I have called both the vendor and vendor solicitor to try and move things along, however this has had no effect.

Unfortunately, my solicitor has taken a rather laid back approach, so I'm worried this may drag on for a while or certain time limits are missed (I believe complaints to the Law Society must be made within 6 months).

My questions:

1. Do I have a valid case for a breach of undertaking by the vendor/vendor solicitor in their failure to complete their part of the process? Is this something my solicitor must now raise/pursue with the Law Society? Or directly with the vendor/vendor solicitor. What is the normal process/protocol in such events?

2. Do I have a valid case for a breach of contract by the vendor? If so, do I need to continue to use my solicitor to raise the breach or can I engage another property ligitation specialist to resolve? Any ideas on cost and whether I can recoup from the vendor?

3. Can I make a complaint to the Law Society about the problems with the vendor solicitor?

Many thanks,

Mae
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08/09/2010 11:32:06

www.clicklegalservices.co.uk
www.clicklegalservices.co.uk
Administrator
Posts: 374
I think we need details of the solicitors involved before we can consider responding. If you would like to e mail your details and the details of the solicitors concerned privately to michael.gray@barnetts, including your name and contact details we may then be able to consider a response.
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