Although many positive changes are anticipated throughout 2026 that will help those looking to buy a house, there has already been case law that has changed the property landscape.
These cases have changed the way some decisions are made, and conveyancing solicitors in North Wales must ensure they follow all latest legislation relating to home buying.
The case of Waller-Edwards V One Savings Bank Plc is perhaps one of the more significant ones. The bank in question agreed a hybrid loan to the couple that was intended to partly cover the mortgage of a property and to also pay off some other debts accrued by just one member of the couple. The relationship between the two, however, broke down and the bank proceeded to recover the debt when the load payments were not paid. However, the party that did not have the original debt challenged the bank and ultimately, it was agreed that the Etridge protocol should be applied. This meant that the person not benefiting from the additional loan element should have received independent legal and financial advice before the loan was agreed.
Other case law includes Patarkatsishvili V Woodward-Fisher, which involved a new home buyer suing the seller due to them neglecting to mention a moth infestation during the conveyancing process. This demonstrates the importance of transparency when selling a house.
At Bennett Smith Solicitors, we can provide up to date guidance on all aspects of home buying. Make contact with our team now to book an appointment.
