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Builders requesting letter of comfort

1 November 03

Professional Practice Committee comment on form of letter of comfort sought by housebuilders from solicitors for purchaser

The Professional Practice Committee have recently considered a matter referred by a solicitor acting for a purchaser who was buying from a well-known builder. The builder’s agents sought a letter of comfort to the effect if the purchaser’s own house does not sell, the purchaser will be able to fund the purchase of the plot by other means. The Committee agreed that this request goes further than a solicitor’s duty to other agents and that it would be unwise for the purchaser’s agents to produce such a letter. The Committee wish to highlight the risks associated with such a request.