I fail to see any persuasiveness in the Law Society's guidance that sellers' solicitors should complete the second part of the seller's property information form (see [2003] Gazette, 16 October, 43).
It is one thing for the court to interpret the most common answer to enquiries 'not to the seller's information' as carrying a representation by the seller that this answer is correct, according to his own state of knowledge, and that of any agent of his such as his solicitor.
It is quite another thing to expect that agent to volunteer his own personal covenant to the purchaser in the event that the answer might later prove to have been misleading.
The lengthy guidance from the Society contains no argument as to why we should put ourselves at risk from such claims, when the transaction is of course between the principals whom we only advise and represent.
Is the Society now going to issue equivalent guidance that in pleadings solicitors on the record should always sign the statement of truth?
James Brenan, Stockler Brunton, London
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