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I should have said that the judgment can be downloaded from the Lockton page if you give them your details.

Patrick Stevens-no, that is not the answer. As the lawyer from Mishcon said in the case, no solicitor will give a meaningful unrestricted warranty as to identity. At present the Seller's solicitor is protected by the judgment against a claim from the purchaser. Who is going to voluntarily accept extra liability by giving a complete warranty that the seller is not a fraudster?

The interim solution seems to be that the buyer's solicitor will need to raise enquiries to establish if this is or is not a high risk case-and if seller's solicitor does not play ball, advise the seller not to proceed or only to do so if they expressly authorise release of the purchase monies to the solicitor who has signed the form.

But this needs an industry solution with a compensation scheme to really fix it-unless the Court of Appeal can pull a rabbit out of the hat.

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