Solicitor will not share contract from 2 yrs ago, next step?

[gf15]

Hi All,

A friend of mine sold his home and large garden to a developer. Developer has built 6 houses on the plot. All good so far. My friend kept an adjacent acre of land.
However, all paperwork and contract for original sale has been mislaid by my friend during his move to his new place. My friend has requested copies of the original contract from the developer's solicitor 3 months ago. Their solicitor is being very evasive and has not shared copies of the contract (for which my friend is prepared to pay for).

What are the next steps to force the developers solicitor to share the original contract documents?

The reason the contract is required is that the developer has turned quite aggressive and contract is required before anything else can happen.
Thank you in advance,

[jamei303]

Why not ask for copies from his own solicitor, or did he do the conveyance himself?

[anonymous-user]

Not sure what the legal standpoint is, but can't he get a copy from his own lawyers (I'm assuming he was also advised at the time)?

The developer's lawyers act on behalf of the developer and are not likely to be touchy feely, particularly if the requirement is in anticipation of a dispute with their client.

[anonymous-user]

jamei303 said:

Why not ask for copies from his own solicitor, or did he do the conveyance himself?

Exactly.

[GT72]

gf15 said:

What are the next steps to force the developers solicitor to share the original contract documents?

I can't imagine there are any, as there is no contractual relationship between your friend and the solicitor.

I suspect the solicitor would get in a fair bit of trouble sharing their client's confidential information with a third party. Would you be happy with your solicitor sending confidential documents to random 3rd parties, I know I wouldn't?

[blueg33]

As a developer, I would be having stern words with a solicitor if he shared any documentation without my authority. To the extent he could be hearing from my litigator.

The person that sold the land should have their own solicitor and they should be asking that solicitor for a copy of the contract. If they haven't kept one, then the seller needs to look at the scope of the instruction to that lawyer.

TBH if the seller has lost the contract, then unless his agreement with his own lawyer is that the lawyer would store it, its the sellers own problem if he cant find it.

Sometimes many of the clauses in development contract, flow through to the transfer. The ops friend may be able top get a copy of the transfer from the Land Registry.

What is the developer doing that the seller thinks is a breach of contract?

[anonymous-user]

blueg33 said:

As a developer, I would be having stern words with a solicitor if he shared any documentation without my authority. To the extent he could be hearing from my litigator.

The person that sold the land should have their own solicitor and they should be asking that solicitor for a copy of the contract. If they haven't kept one, then the seller needs to look at the scope of the instruction to that lawyer.

TBH if the seller has lost the contract, then unless his agreement with his own lawyer is that the lawyer would store it, its the sellers own problem if he cant find it.

Sometimes many of the clauses in development contract, flow through to the transfer. The ops friend may be able top get a copy of the transfer from the Land Registry.

What is the developer doing that the seller thinks is a breach of contract?

OP has not been back to update but I’m guessing it’s as you say, OP has lost/thrown the contract away and either did the conveyancing himself or her a solicitor no longer has the contract.

Unless this was a long time ago it’s a bit strange as I’d expect an electronic copy to exist as well. I’ve always had an electronic copy from my solicitor before signing the physical one so assumed that’s normal, maybe not!

[gf15]

gf15 said:

Hi All,

A friend of mine sold his home and large garden to a developer. Developer has built 6 houses on the plot. All good so far. My friend kept an adjacent acre of land.
However, all paperwork and contract for original sale has been mislaid by my friend during his move to his new place. My friend has requested copies of the original contract from the developer's solicitor 3 months ago. Their solicitor is being very evasive and has not shared copies of the contract (for which my friend is prepared to pay for).

What are the next steps to force the developers solicitor to share the original contract documents?

The reason the contract is required is that the developer has turned quite aggressive and contract is required before anything else can happen.
Thank you in advance,

Hi all,
I made a complete mess of this. It is my friends own solicitor who is being evasive and dragging their feet on sending the contract from 2 years ago, even after this has been requested by my friends new solicitor. What are the next steps to force a response please?

For the avoidance of doubt, I had not had any beers, as I am on a dry Jan. :-(

[anonymous-user]

I’m afraid you deserve one sober “silly knob” calling

[jamei303]

gf15 said:

Hi all,
I made a complete mess of this. It is my friends own solicitor who is being evasive and dragging their feet on sending the contract from 2 years ago, even after this has been requested by my friends new solicitor. What are the next steps to force a response please?

For the avoidance of doubt, I had not had any beers, as I am on a dry Jan. :-(

Why not suggest that your friend asks his current solicitor about what course of action your friend's current solicitor thinks appropriate in order for your friend's current solicitor to obtain the contract from your friend's old solicitor?

I don't think your friend's current solicitor will say "um, you'd better ask your mate to go on the internet and ask some random people in a car forum what I should do, and then find out from your friend what the answer is and let me know"

[Short Grain]

jamei303 said:

gf15 said:

Hi all,
I made a complete mess of this. It is my friends own solicitor who is being evasive and dragging their feet on sending the contract from 2 years ago, even after this has been requested by my friends new solicitor. What are the next steps to force a response please?
For the avoidance of doubt, I had not had any beers, as I am on a dry Jan. :-(

Why not suggest that your friend asks his current solicitor about what course of action your friend's current solicitor thinks appropriate in order for your friend's current solicitor to obtain the contract from your friend's old solicitor?
I don't think your friend's current solicitor will say "um, you'd better ask your mate to go on the internet and ask some random people in a car forum what I should do, and then find out from your friend what the answer is and let me know"

True............But if everyone followed 'sensible' advice then we'd all have to find something else to do wouldn't we?

[FazerBoy]

jamei303 said:

Why not suggest that your friend asks his current solicitor about what course of action your friend's current solicitor thinks appropriate in order for your friend's current solicitor to obtain the contract from your friend's old solicitor?

I don't think your friend's current solicitor will say "um, you'd better ask your mate to go on the internet and ask some random people in a car forum what I should do, and then find out from your friend what the answer is and let me know"

[blueg33]

gf15 said:

gf15 said:

Hi All,

A friend of mine sold his home and large garden to a developer. Developer has built 6 houses on the plot. All good so far. My friend kept an adjacent acre of land.
However, all paperwork and contract for original sale has been mislaid by my friend during his move to his new place. My friend has requested copies of the original contract from the developer's solicitor 3 months ago. Their solicitor is being very evasive and has not shared copies of the contract (for which my friend is prepared to pay for).

What are the next steps to force the developers solicitor to share the original contract documents?

The reason the contract is required is that the developer has turned quite aggressive and contract is required before anything else can happen.
Thank you in advance,

Hi all,
I made a complete mess of this. It is my friends own solicitor who is being evasive and dragging their feet on sending the contract from 2 years ago, even after this has been requested by my friends new solicitor. What are the next steps to force a response please?

For the avoidance of doubt, I had not had any beers, as I am on a dry Jan. :-(

Dear Solicitor, please forward me a copy of the contract

if no reply

Dear Solicitors Regulation Authority, my solicitor is an ass

[GT03ROB]

FazerBoy said:

jamei303 said:

Why not suggest that your friend asks his current solicitor about what course of action your friend's current solicitor thinks appropriate in order for your friend's current solicitor to obtain the contract from your friend's old solicitor?

I don't think your friend's current solicitor will say "um, you'd better ask your mate to go on the internet and ask some random people in a car forum what I should do, and then find out from your friend what the answer is and let me know"

[GreatGranny]

Sounds like he can't be arsed or has mislaid the paperwork.

It will have been archived maybe in the basement or a separate building/specialist company so may cost them to access it.

He needs to hassle them daily if necessary and go in person if he can.

I had an query this week about my house purchase which was in July 2018.
I contacted the solicitor and they had the paperwork in front of them within the hour.
They had to go into their basement for it but were very cooperative.

(However I'll gloss over the fact they had missed a Land Registry charge against the property when we purchased it which is now delaying a re-mortgage application)

[hutchst]

Any reason why your friend has a new solicitor? Any unpaid fees?

[AndorranPhil]

Typical S,P and L thread. Trying to extract the facts from the OP is like drawing teeth.

[Amateurish]

Either a) your friend had not paid all the solicitor's invoices in full, or b) there's a process and charge to retrieve the files from storage or c) the solicitor had fked up.

When you say "evasive" what *exactly* was said?

[surveyor]

Amateurish said:

Either a) your friend had not paid all the solicitor's invoices in full, or b) there's a process and charge to retrieve the files from storage or c) the solicitor had fked up.

When you say "evasive" what *exactly* was said?

or d) Solicitor is a dick and can't be arsed.

I know of a few like this.

[FazerBoy]

surveyor said:

or d) Solicitor is a dick and can't be arsed.

I know of a few like this.

Yeah, I think there are a couple on PH...