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help wanted - laywers 'messed up' what can we do?

7 replies

sibble · 12/04/2007 20:35

DH and I recently bought a 2nd home/beach house/investment property in NZ. We took out a 100% mortgage. As far as we were aware the sale went smoothly and we have spent the past 4-6 weeks renovating (think make it livable). We received a letter from the lawyers handling the sale yesterday to say they had mislaid a document prior to the purchase declaring a caveat prohibiting the sale of the property so the Land Registry would not transfer the property into our names. They had lodged counter caveats and we now have to wait 4-6 weeks to see whether the original caveat will be lifted and the property legally becomes ours or whether we go to court. Is there anything we can do rather than sit and wait and who (should we lose the case) is liable for our loss. We are also having the property re-valued this weekend as we believe the work we have carried out has substantially increased the value of the property.

Any advise would be appreciated.

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Glassofwine · 12/04/2007 20:36

Sorry, no advice, but huuuuge hugs to you and dh.

tatt · 12/04/2007 20:38

I'm pretty sure in England the solicitor would be liable for not telling you about the caveat. Sorry I don't know in NZ.

sibble · 12/04/2007 21:15

thanks, glassofwine, your name was exaclty what i fancied last night but the cupboard was bare still at least i have a clear head today to speak with them again

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tinkerbellhadpiles · 12/04/2007 21:18

You need to contact the New Zealand Law Society to find out what your rights are. Their website is here

sibble · 13/04/2007 03:34

Thanks for the link. I'll contact them to see what they have to say.

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tinkerbellhadpiles · 13/04/2007 06:48

You are welcome, their complaints service is detailed:
here

Good luck. When lawyers bugger things up it's always painful but mostly retrievable.

sibble · 15/04/2007 02:21

Thanks again. DH spoke with one of the lawyers at his firm who has put us in touch with a friend of his. He is going to write a letter on our behalf advising them that we hold them liable for any loss etc. He feels we have a good claim. DH also went to see the lawyer who was very apologetic and agreed that they had messed up. At least a good starting point if it all goes pear shaped.

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