I fully agree with James Brenan's comments with regard to the risks of completing part II of the seller's property information form (see [2003] Gazette, 30 October, 16).
I do not complete it.
The Law Society's guidance note on this issue made no reference to the judgment in First National Bank v Loxleys where a solicitor was asked to confirm that the replies given by a client to pre-contract enquires were correct, as is effectively what is requested in part II of the seller's property information form.
Unknown to the solicitor, they were not ,and the solicitor was held to have been negligent.
How are we expected to know whether what the client tells us and puts in the form is correct? What are we expected to do? Replying to part II, exposes those who do to an unacceptably high risk of claims.
Simon Harris, solicitor, Hertford
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