“What duties are owed by a seller’s lawyer to a buyer?
A seller’s solicitor does not owe a duty of care to a purchaser Gran Gelato Limited c Richcliff (Group) Limited  Ch. 560, BUT when a seller’s solicitor hold money of the buyer pending completion of the purchase of property, he does so on trust and thereby becomes a trustee of the purchase money whilst it is in his possession pending completion. Breach of trust is established when a solicitor departs from the usual practices and procedures that ought to be in place pursuant to SRA guidelines and Codes of Conduct.
Beware the lawyer for both buyer and seller. Buyer beware.”
I purchased a house from someone who is a fraudster and is not the true seller after all. What do I do?
You buy a property. You use solicitors or licensed conveyancers for the intended purchase.
The seller of the property also has solicitors or licensed conveyancers for the intended sale.
You found the property for sale through local estate agents.
You have inspected the property and met with the intended seller.
A price is agreed. Contracts are exchanged. There is no mortgage or any charges on the property.
Completion takes place. Your monies are transferred over to the seller’s solicitor.
You then receive a call from the Land Registry to say that…the title cannot be registered because the person purporting to sell the property, is not the actual seller. It is a fraud, and the purported seller is a fraudster. Horror of horrors!
It is a criminal matter, you…
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