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Some in the profession seem to think that simply telling a buyer than a clause or a document exists is enough to discharge the solicitor's duty in this type of matter. Whilst that might be true in the case of a seasoned buyer/developer or a professional, it is not going to be the cast for the vast majority of buyers who will not be able to comprehend the minutiae of a detailed lease.

A proper, detailed report on title would go along way to insulating any solicitor in this type of matter. Of course, the race to the bottom on fixed fees and desire to stay 'chummy' with developers mean that uncomfortable truths are often left aside in the hopes that they remain out of sight.

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