Do you believe that you had substandard or even negligent guidance from the solicitor or conveyancer you instructed to help you with the sale or purchase of your property? If so, you could be entitled to make a professional negligence claim against them.
The negligence lawyers at Bonallack & Bishop are compensation claim experts – and we are members of the Professional Negligence Lawyers Association. Our team have have helped many clients recover compensation having been badly advised by professionals they thought they could trust.
So, if you are looking to claim compensation against a negligent conveyancer or property solicitor, get in touch with our professional negligence claims specialists.
Call us on FREEPHONE 0800 1404544 or one of our four local office numbers for FREE initial phone advice – no strings attached.
What is conveyancing?
It’s the term used to describe the process of buying property –transferring the title of a property, land or structure upon a property from one person to a new owner.
What is a conveyancer?
A conveyancer is essentially a property lawyer who specialises in property transactions and is fully trained and licensed to carry out all areas of property law. Many are Solicitors, some are Legal Executives and some are unqualified. There is however a fourth category – licensed conveyancers. These are lawyers with specific qualifications in conveyancing only – and they are regulated by the Council of Licensed Conveyancers (CLC), which is responsible for regulating thease lawyers and dealing with any misconduct claims against them.
The CLC also runs a compensation scheme which can pay out up to £5,000; however, in many cases this simply will not sufficiently compensate the victim for the considerable losses they have incurred due to the negligent advice received. The Solicitors Regulation Authority regulates firms of solicitors, including those who deal with conveyancing such as us here at Bonallack and Bishop – and it uses a different process for complaints and paying out damages.
However the vast majority of professional negligence claims against solicitors are dealt with in the courts – and compensation is paid by the conveyancers insurance. Solicitors in particular are forced to carry a significant amount of professional indemnity cover – currently minimum £2 million but often considerably more.
In the vast majority of cases, conveyancers perform to a very high standard but sometimes these standards will slip which can cause significant financial damage to the client. Thankfully, our professional negligence claims lawyers can help to recover the financial losses incurred due to the bad advice received. Whether a failed transaction, inadequate skill, disorganisation or blatant errors on the part of the conveyancer are to blame, we can help.
Click here to read more about Professional Negligence Claims and how our team can help you.
What are the most common errors made by conveyancing solicitors?
Conveyancing gives rise to more negligence claims the most other areas of law – and these claims can prove very expensive given the average price of property in the UK.
Amongst the more common mistakes made by conveyancing solicitors are the following
- errors made with regard to the legal title of the property – and even failing to use clients’ correct full names
- not defining property boundaries accurately
- failing to spot that the property, or part of it, is not within the seller’s title
- failing to advise that part of the property did not form part of the sale, e.g. garage, garden, driveway or access road
- failing to spot the absence of critical documents e.g. planning permission, NHBC Guarantees or architect’s certificates
- not carrying out the right searches before exchanging contracts
- not making sufficient enquiries of the vendors
- failing to identify rights of way
- errors in advice on restrictive covenants – which limit the use or enjoyment of property
- failing to inform clients about planning issues and restrictions on the use of the property
- not advising on information received from the vendors or contained in Property Searches e.g. a requirement for maintenance of sewers and roads
- missing mistakes in leases
- failing to properly explain conditions and the lease – or the need for an urgent lease extension. Click here to read more about lease extension
- failing to advise property on ground rent for leasehold property
- not registering a Mortgage or Charge at the Land Registry on time – or at all
- failing to remove a Registered Charge or Mortgage
- failing to advise adequately on a Survey Report – although in this case, there may also be grounds for a surveyor negligence claim. Click here to find out how to sue your surveyor
- not advising correctly about the negligence of a previous cconveyancing solicitor
How can I fund my professional negligence claim?
The majority of compensation claims against negligent conveyancers are run under no win no fee agreements – so you don’t need to worry about paying legal costs.
Click here to learn more about no win no claims.
Don’t delay making your claim.
There are two good reasons for making enquiries about a possible claim as soon as possible.
- Firstly if you don’t make your claim within six years of the negligent act, you could lose your right to claim compensation entirely.
- Secondly, your memory of events is likely to be much better and more accurate the quicker you start your claim.
One problem is often that the solicitor’s negligence doesn’t become known until years later – often when you come to sell your property. That’s particularly the case with title issues. And it’s often the lawyers for a prospective purchaser who discovers the problem.
However the good news, is that if six years has passed, you you may not have lost your right to compensation – because that limitation period runs from when you became aware of your conveyancer’s negligence.
So our advice is very simple – if you think you could have a claim against a negligent licensed conveyancer or property solicitor don’t delay – contact our specialists today.
Professional negligence claims against your conveyancer? Call Us Now
Our dedicated team of professional negligence experts are perfectly placed to help you with your conveyancer negligence claim today.
Whether you’re based locally to our 4 offices in Wiltshire and Hampshire, or elsewhere in England and Wales, we can help.
To speak to us about how we can help with your professional negligence claim , call us today – and don’t forget we always offer free initial advice on the phone.
- Call one of our team on FREEPHONE 0800 1404544 or on (01722) 422300 OR
- E-mail us using the online enquiry form below: