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Planning Issues not found by Solicitors in Searches, What Can I do?

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burger1 | 09:12 Wed 13th Jun 2012 | Law
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I Purchased a property in December and its now come to light that the house wasn't built to the planning aplication and there's been a complaint. I've been told by the local planning office that this was an on going issue that started well before I bought the property and it should have appeared in the searches carried out by the solicitor. Needless to say it didn't and I now have to submit new plans. Can I expect any compensation or covering of costs from the solicitor and if not do I have any other recourse?
Many thanks
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If you believe there was negligence by your solicitor you can take action, but first talk to the solicitor and establish why this was missed. After your investigation if you are satisfied there was negligence ask another practice to take action.
There was a case where a retired lorry driver bought a flat under the right to buy scheme with his younger son on a 70/30 % basis and without consultation or explanation the solicitor made them joint tenants, meaning that when the father died the entire property went to the younger son, but there was an older son. Action was taken for professional negligence, which was successful.
I think you need (a different) solicitors advice. After all, if your fresh plans are rejected the house may have to be altered/demolished.

I would also have thought you have a case against the seller for fraud or something similar - selling something not fit for purpose or whatever.
I agree with both of the above, but I would take independent legal advice sooner rather than later. Whilst negligence is suggested, you have a duty to mitigate your loss - this may mean pursuing the seller for misrepresentation. This is a complex area and I would seek advice asap.

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