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At the beginning of May we offered £415,000 on a house. This was accepted, a Memorandum of Sale issued on 23 May and we instructed our solicitors to act for us.
On xx June our solicitors sent us draft contracts stating the sale price was £420,000. I immediately contacted my solicitor to query this.
He emailed me on 8th June to syay that the vendor was insisting that the contract had always been for £420,000. I therefore telephoned the estate agent on 16th June, who insisted I had offered £420,000, he would not let me speak, accused me of sharp practice, and I terminated the call.
I therefore sent the EA a copy of the MoS asking for an explanation. The next I heard was from another member of the staff of the EA who telephoned me a few days later. He started the conversation with the words “We both know that you offered £420,000 ...” . I replied that I knew no such thing, and terminated the call. I Instructed them to only contact me in writing.
On 23rd June I received an email admitting that they had made an error in the first MOS and had sent a correction 10 minutes later. Unfortunately, it apearsthat they omitted to send it to me.
It is my belief that the EA may have committed an act of negligence by omission, causing me harm, and I am thinking g of making a claim for the cost of the searches citing Donoghue v Stephemson 1932, the snail in the ginger beer case.
I have recently won a similar case in the SCC, against a vendor who failed to disclose a Home Rights Notice on a TA6. I was legally represented at the hearing, but and it would appear that this matter is suitable to be heard on the papers.
What do others think?
On xx June our solicitors sent us draft contracts stating the sale price was £420,000. I immediately contacted my solicitor to query this.
He emailed me on 8th June to syay that the vendor was insisting that the contract had always been for £420,000. I therefore telephoned the estate agent on 16th June, who insisted I had offered £420,000, he would not let me speak, accused me of sharp practice, and I terminated the call.
I therefore sent the EA a copy of the MoS asking for an explanation. The next I heard was from another member of the staff of the EA who telephoned me a few days later. He started the conversation with the words “We both know that you offered £420,000 ...” . I replied that I knew no such thing, and terminated the call. I Instructed them to only contact me in writing.
On 23rd June I received an email admitting that they had made an error in the first MOS and had sent a correction 10 minutes later. Unfortunately, it apearsthat they omitted to send it to me.
It is my belief that the EA may have committed an act of negligence by omission, causing me harm, and I am thinking g of making a claim for the cost of the searches citing Donoghue v Stephemson 1932, the snail in the ginger beer case.
I have recently won a similar case in the SCC, against a vendor who failed to disclose a Home Rights Notice on a TA6. I was legally represented at the hearing, but and it would appear that this matter is suitable to be heard on the papers.
What do others think?
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