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Contraband



Member Since: 08 Nov 2010
Location: FIFE
Posts: 3697

Scotland 
Any lawyers?

A bit of advice needed please...
I bought my son a flat in Glasgow in May 2012. I used a good Glasgow solicitor and everything went smoothly.
In yesterday's mail I received a letter from a company of factors asking if I was aware there was a SECTION 12 notice on the property as the previous owner had not paid any communal charges. The debt was on the property and not the previous owner, who was bankrupt, and therefore could I please send them £1700 at my earliest convenience... Shocked
We have had the place for 2.5 years now and this is the first time they have contacted us.
I have done a bit of research this morning and understand what the section 12 liability means.
My question is this... Is my solicitor in anyway liable?
Surely it would be on the land registry and should have been picked up when the searches were conducted?
I will contact them tomorrow, 2.5 years since shaking hands and see what they say.
Heads up anyone?

Thanks


Archie. Previously..
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Post #293444 16th Nov 2014 11:15am
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northernmonkeyjones



Member Since: 24 Mar 2012
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http://www.ros.gov.uk/pdfs/update14.pdf

As far as I understand this, and it's been a while since the studied Scottish property law, it should have been visible on the register at time of purchase, if it was registered 14 days prior to your purchase date, if it was registered within 14 days prior to your purchase then you do not become liable for the burden. So you need to know when the notice was registered, as to if you are liable for the charge.

If it was visible on the sasine register at time of purchase i would think that your solicitor had a duty of care to mention it to you and seek your instruction on how to proceed. There is nothing that can't be fixed with a hammer😜😜
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Post #293464 16th Nov 2014 12:59pm
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Contraband



Member Since: 08 Nov 2010
Location: FIFE
Posts: 3697

Scotland 

Thank you. That's what I thought the situation was.
I will contact my solicitor tomorrow and ask him to find out dates etc.
I think it's best I don't ask the factors as I would probably say something that might prejudice any good will on their side.
The fact it has taken them 2.5 years to make contact infuriates me... Previously..
Vogue SE TD6
Defender 90 2.4
Defender 110 TD5
Vogue 3.5 EFI

Post #293474 16th Nov 2014 1:57pm
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