BUYERS BEWARE
I wholly endorse the sentiments from GD Carr (see 2006 Gazette, 28 September, 19).
I am acting in a purchase in which the seller's solicitors refused to provide part II replies because 'solicitors in our area do not provide them', and then, when pressed, 'we are doing the work for a fixed fee so cannot undertake this extra work'. I referred this to my client's lender, asking whether it would accept a qualified certificate of title. Unsurprisingly it would not. The seller's solicitors have now provided replies. Had they done so at the outset, a great deal of time and expense would have been saved.
Lenders obtaining compensation is only likely if the replies to part II enquiries would have revealed a problem had they been demanded. But the moral is clear: buyers' solicitors ignore this requirement at their peril.
RG Eason, Jacksons, Fordingbridge, Hants
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