Tribunal finds solicitor acted properly in quick cash sale of an 81-year-old client’s home
A solicitor accused of failing to protect the interests of an 81-year-old client during the proposed sale of his home has been cleared of all allegations following a detailed investigation and hearing before the Solicitors Disciplinary Tribunal. The tribunal found that none of the claims brought by the Solicitors Regulation Authority were proven and dismissed the case in its entirety.
Mohammed Israr, who was admitted to the Roll of Solicitors on 1 February 2019, was working as a consultant solicitor at Lawrence Kurt Solicitors Ltd at the time of the events. The SRA began investigating after concerns were raised about his conduct while acting for Client A in relation to the intended sale of the client’s residential property.
Client A had contacted a proposed buyer after responding to a newspaper advertisement offering to purchase homes for cash. He was reportedly concerned about the impending end of his mortgage deal and the possibility of increased interest rates. These financial worries led him to seek a quick sale of the property, referred to as Property A.
The SRA alleged that between approximately 6 December 2022 and 31 January 2023, Israr had failed to act in Client A’s best interests. The allegations included failing to undertake proper enquiries about the transaction, failing to advise the client properly about the risks and consequences of the sale, and failing to consider the client’s needs and circumstances. It was also alleged that Israr had acted recklessly.
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Over the course of the proceedings, the tribunal examined the evidence and submissions from both sides. It considered the scope of Israr’s retainer, his interactions with the client and the steps taken during the relevant period. After reviewing the material before it, the tribunal concluded that the allegations were not substantiated to the required standard.
In its decision, the tribunal stated that the evidence did not demonstrate that Israr had failed to advise the client appropriately or that he had neglected to make necessary enquiries. It also found no basis for the allegation that he had acted recklessly. The tribunal noted that the SRA had not proven that the solicitor had disregarded the client’s circumstances or failed to consider his needs.
As a result, the tribunal dismissed all allegations and confirmed that none of the alleged breaches of the Code of Conduct for Solicitors or the SRA Principles 2019 had been made out. No order for costs was made against Israr.
The ruling brings the case to a close and confirms that the solicitor did not engage in misconduct during his handling of the proposed sale of Client A’s home.