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Anyone have any experience of sueing seller for breach of contract....

5 replies

jojosapphire · 19/08/2016 08:58

We have tried contacting them via the solicitors with no luck. In order to take them to the small claims court we need to lnow their new address which the solictors wont give to us....
So what is the point of a contract at all???

OP posts:
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ImYourMama · 19/08/2016 09:00

It depends on the circumstances to be honest, what is it you're trying to sue for?

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kirinm · 19/08/2016 09:23

It seems odd that their solicitors won't give you their contact details. And I'd be fuming as earlier this week I was gearing up to sue our seller.

You could send something to their last known address and it's likely they're having post re- directed? Alternatively, visit the address and see if the new owners will give you details?

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TipBoov · 19/08/2016 09:28

Their last known address is OP's new address presumably!

I'd put c/o the solicitors address on the claim form - they have a duty to pass it on

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kirinm · 19/08/2016 11:24

Of course! Sorry for being slow - I'll blame the fact we are completing today and our vendor had left fuck loads of furniture in the flat so everyone was frantic at 8am.

Given that the solicitors were acting in relation to the contract the vendor has breached, I think you'd get away with serving papers on them.

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Spickle · 19/08/2016 11:48

Get in touch with the solicitor who acted for you in your purchase (I'm assuming in your OP that you are referring to your seller's solicitors) setting out your concerns re the breach of contract.

Your solicitor should then contact the seller's solicitor, who will then contact the seller.

It may sound long-winded, but if it is a breach of contract then your solicitor and their solicitor is the best way of obtaining recompense, before the small claims court.

I can't believe your solicitor won't do anything about it unless the breach of contract is questionable, or has he already advised you to sue through the small claims court because the seller isn't responding to solicitor letters?

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