need a new solicitor?

emmerdale

Hi,

Just looking for some opinion on the following...

We bought our house just over 5 years ago (on a new housing development) and since discovered that the vendor and/or vendor's
solicitor have not passed on some of the money we paid, to the vendor's bank (who funded the development).
As a result the (Vendor's) Bank are refusing to release it's security over our house. At the time of the transaction our solicitor
recevied an undertaking from the vendor's solicitor that he would furnish a discharge from the vendor's bank so that they can release it's security
- but this never seems to have happened.

Since then the bank's solicitors have obtained a judgement against the vendor and vendor's solicitor but they still haven't received payment.

Our solicitor semms very relaxed about the whole thing, telling us there's nothing to worry about, it'll all be sorted, won't cost us anything etc...
but I'm just wondering if he's trying to cover his own arse.
Should I be seeking the advice of another solicitor who is independent of the transaction?
Are solicitors undertakings not worth a thing these days?

Cheers,
Em.

Bosco boy

I'd meet the solicitor and give him an a timeframe to get it done and tell him if he dosent that you'll make a complaint to the law society (that might not worry him / her too much seeing as they are so ineffective) Dont be put off making the complaint by the law society in any case. I had a similar type of problem and he got his act together when I went the law society route. Get an itemised bill and and when paying it take into account the hassle it caused you and offer him the reduced amount and stick to your guns, best of luck

dats_right

I wouldn't go threatning the Law Society on your own solicitor because based on what you have said, your solicitor has done nothing wrong and is actively trying to resolve the problem. OP, I sympathise with you, but the solicitor who created the problem here is the vendor's solicitor.

You should listen to your own solicitor, they wouldn't give you these reassurances without any basis. Unfortunately, messes such as this take time to sort out and whilst it is difficult to accept when you have done nothing wrong, you just need to be patient and heed the advice of your solicitor.

emmerdale

Cheers for the replies all,

I've got a meeting planned with our solicitor tomorrow, so we'll see how it goes.

This whole thing only surfaced a couple of years ago. First I heard about it was reading in the newspaper about our builders and their solicitor being taken to court by the bank who funded the project.
By all accounts the vendor's solicitor was an absolute crook, he has since had his licence suspended and has several judgements againt him.

I had assumed we were finished with our solicitor, ie: we had bought our house, he had been paid - nothing more to worry about.
Now we are getting letters from the banks solicitors telling us they "are considering their options in relation to enforcement of its security".
What exactly can they do? There are over 30 homeowners on this estate all in the same boat.

Guess I'll see what he says tomorrow...

Em.