Conveyancing solicitor duties

[karrr]

Hi all,

I hope that someone would be able to help me with the following question.

Is there a duty or good practice on conveyancing solicitor to report to the bank (mortgage is involved) or his client (house purchaser) if a report was given by the seller to the solicitor that the house is pyrite affected?

Regards

 

[mf1]

How did a report get from a seller to a purchaser's solicitor?

Was it accidental? Did the solicitor read it? Should they have?

Was it overlooked? Was it passed on to the purchaser? Was it given to the purchaser's surveyor?

Is it the case that the house is pyrite affected and the purchaser is trying to finger the solicitor?

mf

 

[HelpingHand]

Hi all,

I hope that someone would be able to help me with the following question.

Is there a duty or good practice on conveyancing solicitor to report to the bank (mortgage is involved) or his client (house purchaser) if a report was given by the seller to the solicitor that the house is pyrite affected?

Regards

Of course there is, no matter how it came to the solicitors attention prior to the conveyance.

 

[karrr]

Hi mf1 - so to answer your question:

Was it accidental?
- I don't know, solicitor is not responding, but answering the questions below it doesn't look like that.

Did the solicitor read it?
- Same as above, but the solicitor himself have request the developer to provide the pyrite report - the report has been provided with a negative results, saying in plain English that the house is affected.

Should they have?
- I assume so if he has requested it. One of the conditions to draw the mortgage is to get a valid insurance, pyrite affected house doesn't have a valid cover therefore it's not possible to mortgage the house. If there a duty in this case to inform the client / bank about the result?

Was it overlooked?

Was it passed on to the purchaser?
- No

Was it given to the purchaser's surveyor?
Only to the solicitor.

Is it the case that the house is pyrite affected and the purchaser is trying to finger the solicitor?
- Taking into consideration all above - yes, any reason why taking into account duty of care (especially after requesting the report) and not informing about it's outcome the purchaser / bank would not fall into solicitors duty of care?