Buying property? Beware of what solicitors don't tell you.

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greenbarn
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Buying property? Beware of what solicitors don't tell you.

Post by greenbarn »

I'm somewhat astounded to discover this, but it seems that the "normal" pre-purchase searches and enquiries for which solicitors charge you loads of money so that you can feel confident with the most important purchase of your life don't include something which, in my naivety, I thought would be an essential part of the process.

Solicitors don't check on the existence of any planning applications or consents in the immediate vicinity that could directly affect your enjoyment - and even the value - of your new property. AFAIK, they don't point this out to their clients, so presumably everyone knows it and makes their own enquiries. Or maybe it wouldn't matter if there was permission in place to build say a sewage works next door?

Anyone else surprised by this? Or is it common knowledge that it's not something solicitors would enquire about?
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Lindisfarne
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Post by Lindisfarne »

My solicitor would automatically carry out a 'planning search' as a matter of course

I am a longstanding client so they know what is expected of them but I think they would do it anyway.

I am sure that most solicitors would do the same as a duty of care however I have heard that in some cases buyers need to specifically request the 'planning search' as an extra

The point is, and I think you have been caught out here, how would you know to ask for this or anything else for that matter

It's a joke and you should take them to task if you feel they have failed you.

Good luck !
Last edited by Lindisfarne on Thu Nov 22, 2012 9:25 am, edited 1 time in total.
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Nemo
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Post by Nemo »

My solicitor for my last purchase did point out it was not automatic. However I was aware that it's an "extra" , so when I purchased my first Norfolk property I did the research myself. I then found an application that was still live, dating back to the sixties that would mean the whole park could be built upon. I had the local council open their archives to retrieve it to give me a hard copy.

I believe I was the only purchaser at the time to do so, so many of the other owners bought without this knowledge. I have spread the word since but some owners simply don't believe it. I always say never say never and bought one where I hope I would retain the seaview even if they did build.

It is a ridiculous situation and I'm sure a lot of people aren't aware.
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charles cawley
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Post by charles cawley »

I suppose it is about instructing your solicitors even though you might expect them to do the job as thoroughly as possible.

I sold a house a short time ago and the purchasing solicitors asked the invidious question:

"To your knowledge there any aspects of the property or the immediate surrounds or history or relations with immediate neighbours that would have any bearing on your peaceful enjoyment of the property?"

It then went on to list some examples for guidance.

It was quite a surprise to come across this sort of thing.
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greenbarn
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Post by greenbarn »

charles cawley wrote:
"To your knowledge there any aspects of the property or the immediate surrounds or history or relations with immediate neighbours that would have any bearing on your peaceful enjoyment of the property?"
I believe that might be a fairly standard question, but it's really a cop out - the solicitors are simply passing responsibility on to the vendor, who may be in complete and genuine ignorance and therefore answer "no" truthfully. Even if the vendor knew but lied about it, it would be extremely difficult to prove and a case against the vendor for misrepresentation would almost certainly fail - but would no doubt help various members of the legal profession with their golf club membership fees.

If the solicitor took responsibility for running a plans check - which is apparently straightforward to do, if you know it needs to be done - the buck stops with them.

So I suppose the question is would you expect a solicitor acting with due diligence to make the client aware that a plans search was not something they would undertake without specific instruction.
My non-scientific straw poll of Joe Public indicates that at least 90% would not be aware that this wasn't a normal part of the process.
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