CLINICAL & PROFESSIONAL
NEGLIGENCE EXPERTS
 

Conveyancing Negligence
Compensation Claims

Conveyancing Negligence Compensation Claims

Moving house, whether buying your first home or moving up the property ladder, can be one of life’s most stressful events. There are many details to be considered when buying a property, so it is essential to find the most experienced, competent, and diligent legal guidance you can find.

Competition is fierce in the UK housing market, and for those requiring the services of a conveyancer, it can be a minefield choosing the right one. And if anything goes wrong during the sale or purchase process, it can be extremely confusing to know where to turn for help as there are several overseeing bodies for Professional Conveyancers.

All too many conveyancing transactions do not complete according to plan; errors can occur, and land searches can be missed or misinterpreted, resulting in serious implications for the client. If you consider that your Conveyancing Solicitor has been negligent in a current or previous purchase or sale, resulting in financial loss, or loss of chance, please contact our legal team today.

If you are unlucky enough to have problems during the conveyancing process due to negligence on the part of your Solicitor, then you may be left feeling frustrated and unsure of your legal options.

You will be able to discuss your conveyancing negligence claim with one of our Negligence Solicitors here at Been Let Down, in the strictest of confidence. The financial implications of Solicitor Negligence from a Conveyancing Solicitor can be devastating to your personal and/or company finances.

One option available is to complain to the Council of Lenders, however, their powers are limited with regards to recognising and punishing conveyancing negligence; the maximum they can award for errors resulting in financial loss is only £5000. For a more substantial conveyancing negligence claim, the advisable course of action is to contact a trusted Negligence Solicitor to assess the legal details of your claim.

It is important that when you discover that your Conveyancing Solicitor has been negligent, you find a Professional Negligence Solicitor who is sensitive to the factors involved in your case and understands the issues which matter to you. We have handled many such cases and understand the stress and concern you are experiencing. As such the legal team at Been Let Down will support and guide you through your conveyancing negligence claim in a supportive, personable, and expert manner.

Poorly conveyancing can bring with it many implications, not least of which that your family home and your security may be put at risk. Even if your property is not affected, the chances are you are stressed and worried about the consequences of such negligence, especially as the financial consequences can be severe.

What is the Conveyancing Quality Scheme?

Solicitors specialising in Conveyancing are typically members of the CQS – Conveyancing Quality Scheme. This means that as professionals, they must meet certain standards, including a duty to provide competent service; and so if that duty is breached, you should enlist the help of a Professional Negligence solicitor for advice.

What is a Legal Ombudsman?

If you are unsure whether your conveyancer is accountable for the problems you are experiencing, a good starting point is the Legal Ombudsman website. They will be able to advise on whether you have received an adequate service when buying or selling a property, effectively serving as a conveyancing ombudsman.

However, they cannot give you legal advice, nor can they help you to make a claim against a legal representative or service provider.

Things that can go wrong

Unless you are a first-time buyer, then the conveyancing is likely to involve both a purchase and a sale. Timing is critical, but there are many other things that can go wrong, even if your Solicitor has carried out the same process many times before.

Here are just a few examples of claims that can result from a failed or incorrect conveyance:

  • Title not being investigated
  • Restrictive Covenants not looked at
  • Rights of Way being missed
  • Building Regulations certificates not present
  • Planning problems
  • Failure to carry out full searches
  • Land Registry failures
  • Boundaries not being defined
  • Not removing Registered Charge or Mortgage
  • Not advising on the outcome of surveys/valuations
  • Not paying off the mortgage on the sold property

These are only a few examples of things that can wrong; conveyancing is a complex process which is why, if it does go awry, you should consult an expert in the field of professional negligence claims against Solicitors.

Preparing your claim

Once you have found a Solicitor to represent you who specialises in conveyancing negligence, they will want to know full details of the case. You can expect to provide them with copies of all paperwork given to you by your Solicitor, plus dates, and timings of events as they occurred. Conveyancing law is a highly complex field hence why you must instruct a Solicitor who specialises in conveyancing negligence. It will be their job to build a robust case against the Solicitors insurance company proving that you have suffered substantial and damaging losses as a result of the incompetent actions or omissions of their client.

By entrusting your case with our professional and specialist claims Solicitors, you can rest assured that your case will be handled in both a timely and efficient manner. It is essential that you are reimbursed fairly and fully for all losses incurred, whether they be financial, emotional, or practical.

How do I make a claim against a conveyancing solicitor?

If the Legal Ombudsman agrees that you have received sub-standard service and that you have suffered loss, stress, or hardship as a result, then you may well have grounds to take legal action and make a claim for compensation.

In this instance, you will need the guidance of a Professional Negligence Solicitor who understand the conveyancing ombudsman process and specialises in claims against those in the legal sector, and conveyancing in particular.

There are many issues that may arise in conveyancing that could potentially give you reason to make a claim, some of which are listed below:

  • Serious Defects in the title of the property — including not having adequate rights of way/access to the property, or rights to services such as water, electric, and sewers etc.
  • Not being informed by the Conveyancing Solicitor of any planning restrictions and/or other restrictive covenants impeding the property
  • Not being informed about neighbouring demolition or building projects
  • Failing to identify and report problems with the property’s title — e.g. failing to notice a charge against the property
  • Failure of the Conveyancing Solicitor to inform their client of any property boundary disputes
  • Not advising that part of the land and/or property was not included in the sale, e.g. garden or garage
  • Failing to carry out all of the relevant property searches required
  • Proceeding to exchange contracts without providing adequate instructions to the client
  • Failure by the Conveyancing Solicitor to properly explain a leasehold/freehold agreement
  • Failing to report a mortgage or charge on the property’s title

This list is by no means exhaustive, however, if you suspect you have a claim for compensation against a conveyancer, even if not listed above, speak to a member of our team for guidance. Here at Been Let Down, we have a dedicated and expert team focusing on cases of conveyancing negligence.

Our team of legal advisors are on hand to help you determine whether or not you have a claim for damages or compensation. With Been Let Down’s service, all initial consultations are free of charge, with no obligation to pursue a claim. You simply fill in the initial enquiry form on our website or give us a call, and let one of our experienced specialist solicitors call you back.

How do I find trusted help with my conveyancing claim?

If you consider that your Conveyancing Solicitor has ‘let you down’ as a result of a negligent act, and that has caused you financial loss, then you may have cause to pursue a conveyancing negligence compensation claim. By pursuing your claim with the legal guidance of an expert Negligence Solicitor, you have the best chance of achieving the recognition and recompense you are owed due to the conveyancing negligence you have suffered.

When assessing your case, it will be important to differentiate between service that was poor, and service that was negligent. If it was technically defined as poor, but not negligent, you may be able to submit a formal complaint; please refer to our ‘Negligence or just a complaint?’ page for further information.

If you are confident that you have suffered a recognisable financial loss due to the actions of a Conveyancing Solicitor, you should get in touch with us today by phone, or the online claims form on our Contact page. One of the legal team at Been Let Down will listen to the facts of your case and advise if you have a valid conveyancing negligence claim.

Conveyancing law is a highly specialised area; you need to know you are in reliable hands with an experienced professional negligence solicitor you can trust. Should you decide to pursue a claim, we can usually offer to take on your claim on a No Win No Fee basis (also known as a Conditional Fee Agreement or CFA).

If your claim is successful, we will take a pre-agreed fee as payment. This success fee would be a previously agreed percentage of the eventual settlement. In the event that we are not successful, no charge will be levied. This ensures that you can seek what you are owed without any financial risk to yourself.

Time is of the essence with your compensation claim; strict time limits apply from the date of your accident (or awareness of the damage caused to you), to when your claim is lodged with the court. Get in touch with our experts today by visiting our website, phoning, or visiting our offices for a free no obligation consultation.

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