Your legal questions answered by Fahmida Ismail, Partner at Sydney Mitchell LLP. As featured in Worcester News, 16th December 2014.

Q. I’m planning to sell my house, and I am concerned that I will be expected to disclose any disputes I have had with neighbours to any prospective buyers. The dispute in question ended nearly two years ago. Do I need to provide details of a situation that is now over?

A. You don’t have to give these details, but if you are asked a direct question you could be held liable for any answers you provide in the Property Information Form or additional enquiries which you are likely to be asked to complete. So if you say you have had no neighbour problems, and this dispute flares up again once you have sold your house, the new owner could ask you for compensation for any resultant loss of value to his property.


Q. I was promised a compensation payment by my line manager for switching from full-time to part-time. I got the offer in writing, but it was put on hold until it was convenient for me to go part-time. Now my managers are saying they won’t stick to the arrangement. What can I do?

A. If they agreed to vary your hours and now won’t honour this, it may be that they are able to show a valid business reason for doing so. If you have gone part-time relying on a compensation payment that they are now unwilling to pay it is quite possible that you will be able to enforce payment. Take the agreement to a solicitor specialising in employment law if you are unable to resolve the matter by raising a grievance with your employer.

Q. I bought a car from a garage, but the following day it broke down and they took it away. I haven’t had a vehicle for three weeks and I’ve told them I don’t want it. The finance company have been very good about it, but the garage says I can’t pull out of the deal. Where do I stand legally?

A. It’s likely that you bought the car on a hire purchase agreement, in which case your legal rights are against the finance company which is lending you the money, not the garage which sold you the car. Under the Supply of Goods Act goods must be of satisfactory quality. Contact the finance company direct and tell them you are rejecting the vehicle, giving a full account of what has happened so far, and ask for any money you have paid to be returned to you.


For further information on any of the issues raised, please contact Fahmida Ismail on 0121 698 2200 or fill in our online enquiry form.

UK Top Tier Firm 2017 Lexcel Practice Management Standard Birmingham Law Firm of the Year for 2011 Resolution Collaborative Family Lawyer The Law Society Accredited in Family Law Conveyancing Quality Scheme