taking action against a solicitor for misleading

[tifo]

Hi,

I'm trying to help a friend out here, so need some advice.

My friend bought a property through his solicitor and the deposit payment of nearly £10,000 was made to their solicitor, who had assured my friend that his client (the seller) had all the paperwork etc for the property and it was a legitimate sale.

The seller did not fulfill his obligations and there was never any proof that he was entitled to sell the property (he deals in repossessed properties).

My friends own solicitor had advised him not to make all the payment but sellers solicitor had painted such a good picture of his client that there was no reason to doubt anything about the sale.

The money was handed to the seller at his own solicitors office and my friend and another witness were present.

The seller is not returning the deposit and even though he is saying he will refund my friend, he does not but just gives him the runaround and wastes his time by asking him to come and collect, then not turning up, then saying he's nearby and will be there soon etc. He's been doing this for the last few months.

We have thought to sue the seller, who may have no money on him and offer peanuts to the court, my friends own solicitor but he had advised not to pay all the deposit so he is in the clear and the sellers own solicitor who had misrepresented his clients position.

Any advice, as my friend cannot afford to lose £10,000 because it was borrowed.

[old_andrew2007]

bump

[tifo]

Got more info on this.

My friend was buying two properties from the same person/company and paid £20,000 deposit (£10,000 each).

The solicitor advised my friend that his client had contracts for one property and was waiting for documents on the other one. So my friends solicitor authorised payment of one deposit of £10,000. It then turned out the seller did not have any documents for both properties and his solicitor then returned the £10,000 still with him.

So, my friend is £10,000 down from a deposit paid for a property which the seller's solicitor advised they could exchange contracts on. He has been chasing the seller for a refund and has had two fraudulent cheques given to him. His bank weren't too happy.

What to do? I am thinking of telling my friend to report the solicitor (i have to do it for him) for misrepresenting the facts under the 1967 act and take further action against them, as it's clear the seller isn't going to refund the deposit. The solicitor may then pressure his client.

[old_andrew2007]

You might find this link useful Solicitors Regulation Authority - Code of Conduct: contents

[tifo]

Yes, and also the legal complaints service.

I just want someone's opinion that we have a case as they're a 'large' firm of solicitors and it's not an easy job claiming compensation.