Conveyancing & Property Claims
When you buy or sell a property whether residential or commercial, it is very important event, due to the huge sums of money which are likely to be involved. You are likely to instruct either your local Solicitor or search for a Solicitor who specialises in conveyancing on-line. The general rule is that most people opt for the cheapest quote provided and proceed on that basis.
Not all conveyancing transactions complete according to plan, errors can occur and land searches can be missed or misinterpreted resulting in all kinds of problems.
If you consider that your Solicitor has been negligent in a current or previous property purchase or sale and this has resulted in a financial loss or loss of chance. The financial implications of such negligence could be profound and devastating to you personally or to your company’s finances.
You may complain to the Council of Lenders but their powers are limited and the maximum they can award for errors resulting in financial loss is £5000.00.
It is important that when you discover the your Solicitor has been negligent that you instruct a professional negligence Solicitor who is sensitive and aware of the important issues which are concerning you.
Examples of conveyancing negligence:
- Serious Defects in the title of the property — to include not having adequate rights of way or access, or rights to services such as water, electric and sewers etc
- Not being informed by the Solicitor of planning restrictions and other restrictive convents imposed on the property
- Not being informed about neighbouring demolition or building projects/disputes
- Failing to identify and report problems with the property’s title — an example would be failing to notice a charge against the property.
- Failing to inform of any property boundary disputes
- Not advising that part of the land/property was not included in the sale e.g. garden or garage
- Failing to carry out all relevant property searches
- Proceeding to exchange contracts without obtaining instructions
- Failure to explain a leasehold/freehold agreement
- Failing to report a mortgage or charge on the properties title
If you consider that your conveyancing (property) Solicitor has ”˜let you down’ as a result of a negligent act causing you financial loss, you may have a claim for compensation and other losses.
We must be clear that we are not able to assist you if the service which you have been provided is simply poor unless you have suffered a financial loss. If this is the case you may be able to submit a formal complaint, please refer to our ‘Negligence or just a compliant‘ page for further information.