Planning for the unexpected

28 Feb 2017

Conveyancing solicitors may find themselves rather scratching their heads over the recent decisions dealing with conveyancing transactions which failed because the seller was a fraudster. Although the direction of travel of the law on warranty of authority may be welcome, in that solicitors are not being asked to guarantee the identity of their clients, the decision in Dreamvar (UK) Limited v Mishcon de Reya & Another [2016] EWHC 3316 (Ch) may raise some eyebrows.

The case involved Mishcon de Reya (MdR) acting for the claimant purchaser of a property: high value, unencumbered, and vacant. The seller, represented by Mary Monson Solicitors Limited, turned out to be ...

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