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Of course the risk of the investment/purchase rests with the client. But the solicitor must inform the client of all the salient points of the risk.
Points of risk include, inter alia
1. Ground rent and service charge,
2. The amount and the frequency and the method of review .
3. Whether the property is freehold or leasehold, in the case of a house.
4. Length of the lease and if and how it can be extended.

Last year, I explained the provisions for ground rent for a newly conv erted one-bed flat (purchase price just under £100,000) outside London set at £350, to be doubled in 10 years and thereafter reviewed every 10 years by RPI. The purchase was aborted because such provisions were considered unacceptable. The selling agent claimed they were standard and had been so for the past 10 years.

The re-developers appeared to want 2 bites at the cherry and soon they would sell the ground rent of the block possibly at 20+ times.

As to the method of advice, I have always thought a "care letter" is insufficient, especially as it is "standardized" and contained lots of legal jargon and less important matters. Many clients do not read or understand or grasp it. I would strongly argue for a personal interview of client and joints clients by a qualified fee earner and allow some time for consideration.

Further, material details must be clearly provided to the lender in the report on title, without leaving it to the surveyer or valuer.

Conveyancing must be undertaken seriously. "Cheap" and sausage-machine legal work often turn out to be costly.





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