Searches failure and seller fraudulent misrepresentation on property I bought

[MuttRider]

Hi...
I engaged a branch of solicitors for conveyancing purposes in 2021- 2022, with the final purchase of my property completing in October 2022.

In September 2024, it was revealed to me that a DMMO (Definitive Map Modification Order) application made in 2006 was pending which directly affects the property I purchased and have since lived at. If I had known that an application to open a bridleway directly through my property was pending, I would not have purchased the property. The proposed bridleway would essentially be my access track, and would pass between my home and my office.

The searches company engaged by my solicitor had not revealed this information on the searches. The searches company will not communicate with me directly about the issue 'due to GDPR', so I asked the solicitor to contact them regarding the issue. They came back explaining that there was no administrative failure on their part, and that the County Council had not provided them the information when requested. However they were willing to refund my searches fee and a offered a 'goodwill gesture' of £500 in compensation.

Seller did not disclose any information regarding the application in the seller information pack, instead referring only to a registered footpath on a neighbouring property.

The council state they have not had any enquiries from the specific searches company at all.

My solicitor is now saying I will need to engage them under contract to investigate this further, incurring legal costs, which is money I do not have to spend on this. Surely this should have been covered by their insurance and under the contract of engagement for the initial conveyancing contract?

Where do I stand?

[echat11]

Hi Muttrider

Welcome to LB

a) Send the Council a Subject Access Request, they have 30 days to provide all the data they hold.

https://legalbeagles.org/library/gui...ccess-request/

b) Send the solicitors a Subject Access Request, they have 30days to provide all the data they hold.

https://legalbeagles.org/library/gui...ccess-request/

Lodge a formal complaint with the solicitor, follow the complaints procedure on their website.

Solicitors has a Code of Conduct that they have to follow.

https://www.sra.org.uk/solicitors/st...ct-solicitors/

c) Once you've got all the evidence, lodge a complaint with the Legal Ombudsman Service.

d) If the seller has not disclosed known facts about the property, so they've 'misrepresented' the
property, then you could consider taking legal action. You need to have evidence that they knew,
but did not disclose.

Have you got legal expenses insurance with any of your insurance policies?

[MuttRider]

Hi, thank you so much for this. As I paid of my mortgage when I bought my property, with considerable funds left over after the purchase, I did not continue with my buildings or property insurance, so sadly don't have any legal expenses insurance to draw on.
Should I also consider sending a SAR to the searches company? Or are they not obliged to respond as their contract was with the solicitor's firm, even though my name was detailed on the searches report?

[echat11]

Hi, thank you so much for this. As I paid of my mortgage when I bought my property, with considerable funds left over after the purchase, I did not continue with my buildings or property insurance, so sadly don't have any legal expenses insurance to draw on.
Should I also consider sending a SAR to the searches company? Or are they not obliged to respond as their contract was with the solicitor's firm, even though my name was detailed on the searches report?

There is no harm in doing so, no doubt they will likely not entertain your request.

'Should I also consider sending a SAR to the searches company? Or are they not obliged to respond as their contract was with the solicitor's firm, even though my name was detailed on the searches report?'

[PallasAthena]

No harm in an SAR to search company but it's unlikely they hold any information about you personally (other than your recent enquiry to them) so nothing to disclose.

When the solicitor instructed them to do the search they probably didn't give them your name. There's no reason for the solicitor to name who they are acting for.

I don't know why the search company said they wouldn't communicate with you because of GDPR. I can't see what GDPR has got to do with it. But we we often see companies hiding behind GDPR even when it's a nonsensical explanation. However they may have a duty of confidentiality to the solicitors under their contract with them.

[PallasAthena]

I also suggest you make more enquiries of the council about the DMMO. Why was an application made in 2006 still pending in 2022? Why wasn't the pending application disclosed by the council in searches? You can use FOI to get records to support what is being claimed.

It is too soon to be making complaints to the SRA. You haven't yet established any failures by the solicitor. The finger is currently being pointed at the local.authority as far as I can tell from your posts. Supposedly they failed to disclose something during searches that they should have done. Whether that turns out to be true remains to be seen.

[echat11]

I agree more information is needed and enquiries made, but I'm not sure they would be offering the following, if they had not failed to carry out their due diligence.

'They came back explaining that there was no administrative failure on their part, and that the County Council had not provided them the information when requested. However they were willing to refund my searches fee and a offered a 'goodwill gesture' of £500 in compensation.'