I Purchased a freehold property in which a vital information was not disclosed until after exchange of contracts. An on-going cost of about £600 per annum would have to be paid on the property and this information was not provided until 3 days to completion. I decided to pull out of the contract but my solicitor told me I would be loosing my money to the seller. I had to seek advice from the Citizens Advice Bureau and they said my solicitor would have an expert knowledge on this matter. The Estate Agent also confirmed that all the necessary information needed by my solicitor was given and if I pull out, I would definitely loose all my money to the seller. So I had no choice but to make a payment of the part charge for completion. I made a complaint to the firm after completion and they wrote me back, saying the seller and her solicitor failed to disclose the rent charge. They attached copy of sellers property info. form indicating where both seller and her solicitor have refused to provide the right information. I'm also confused about the part of the letter which says: ''In fact if the rent charge was revealed after exchange of contracts then they would have alleged that exchange of contracts was on the basis of a misrepresentation in which case no exchange in law occurred This advice was never given when I decided to pull out of the contract and I need you advice on what to do.

November 27, 2008 by Anonymous

I do not have the slightest hesitation here in advising you that the solicitors instructed by you in the purchase were negligent. The reason you instructed them was exactly to stop this sort of thing happening. You were entitled to rely upon their expertise to ensure that you were made fully aware of what you were purchasing and any costs or restrictions attached to the property.

I will not be able to advise on any liability to you of the seller or their solicitors without sight of the papers, but such possible liability is probably irrelevant. Your claim is against your solicitors. In addition to the negligence above they also failed to advise you of your remedies after exchange of contract when the charge had come to light and you had decided not to proceed. It would appear that you entered into the contract to purchase on a misrepresentation and providing this is the case you were fully entitled to rescind the contract.

You have quite properly written to the solicitors in order to allow them the opportunity to put things right under their internal procedures. They have chosen not to and appear to have avoided providing you with information explaining your rights. In these circumstances you must now make a claim on their professional indemnity insurance. If you decide to instruct us further in this matter we will need to consider together with you the amount of your loss.

A claim for professional negligence is governed by a special protocol laid down in the Civil Procedure Rules. This calls for a formal letter before action in a prescribed form setting out the negligence alleged and the damages claimed.

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