Property imposter fraud: where now for solicitors & estate agents? Gary Blaker QC & Chris de Beneducci investigate
- Solicitor acting for fraudulent seller now liable for breach of trust.
- Solicitor acting for innocent purchaser not relieved under s 61 of the Trustee Act 1925.
- Conveyancing solicitors still benefit from Gran Gelato protection regarding negligence, but warranty of authority is another front of exposure.
- Estate agents not liable to innocent purchaser in negligence even where no ID checks undertaken.
In P&P Property Ltd v (1) Owen White & Catlin LLP (2) Crownvent Ltd [2018] EWCA Civ 1082, [2018] All ER (D) 124 (May), which was heard alongside Dreamvar (UK) Ltd v (1) Mishcon de Reya (2) Mary Monson Solicitors Ltd earlier this year, the Court of Appeal considered where the loss should fall when a fraudster purports to sell a property which he or she does not own, takes the proceeds upon ‘completion’, and fails to give good title.
The basic facts
On 20 November 2013 Owen White & Catlin LLP (OWC) was contacted by someone impersonating Clifford Harper.
