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Response to Best way to proceed for Joint Tenants

from Lamps (Lamps@Btinternet.com)
********** SOME ADVICE THAT I HOPE WILL HELP ***********

When you say you are going to resist the solicitors threats by challenging every step it will help to itemise each step. When you ask a question make sure that it is composed so that they have to give an answer. i.e.

THIS QUESTION IS OK:

1. Please itemise all positive selling points that were written on the sales particulars prior to the sale of the property.

THIS QUESTION IS NOT OK:

1. Please inform me if the property was sold correctly.

It will certainly help if you keep each question separate and give each a number. You MUST insist and KEEP insisting that they answer fully, each question as numbered. It will then become very apparent which questions they are avoiding answering. Don't worry if you find you end up with a very large number of questions. Under the new CPR (Civil Procedure Rules) for court cases a judge will not treat anyone lightly if they are seen to have avoided disclosing information specifically requested.

They may try to answer a question with the phrase "I fail to see the relevance of this question". Write back to them on this, refer to the question number and state the relevance.

DEMAND the valuations they carried out on the property saying that you cannot possibly proceed without them. You really can't be expected to be able to judge whether they undervalued the property and as a result undermarketed it, without them. If you do get them pay particular attention to the Estate Agents' valuation. It's often not done by a qualified surveyor and as such will sometimes demonstrate a blatant degree of undervaluation and/or negligence.

Keep fighting - I wish you all the best.

(posted 8612 days ago)

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