Conveyancing negligence occurs when a solicitor or conveyancer fails to competently manage the legal aspects of buying or selling property, such as missing key searches, errors in contracts, or failing to identify title issues, leading to financial loss or legal complications for the client.
Solicitor negligence - conveyancing
The areas where a solicitor or licensed conveyancer might be negligent during the purchase of a house are numerous and can be the source of great anxiety, inconvenience and cost for the unfortunate homeowner.
Restrictive covenants
You might buy a house and want to build either an extension or another building but your solicitor failed to inform you of restrictive covenants preventing that.
Leasehold properties
If your solicitor has not established the length and terms of a lease, this can create problems such as costly re-negotiation of terms with the freeholder.
Flood risk properties
If a house is located near a river or other water source, but your solicitor has failed to conduct a proper search or obtained an environmental report, you might end up living on a flood plain and be at greater risk of your home being flooded.
Building compliance
If your solicitor fails to notify you that the previous owner of your property didn't have the correct building compliance certificates for work carried out on the house, it can cost you money to rectify and make it difficult to sell the house on in future.
Property devaluation
If your solicitor has not informed you that you don’t have the right of way for a vehicle to deliver fuel to your property via a neighbour’s land, for instance, and your neighbour rejects access, it could cost you significantly finding an alternative solution.
Helping you with our expertise
Conveyancing negligence is an extremely complex area of the law, needing specialist legal representation that Stephensons can offer.
Can you sue a conveyancer for negligence?
Yes, you can sue a conveyancer for negligence if they fail to meet the required standard of care, resulting in financial loss or other harm. Examples include errors in property searches, contract issues, or failing to identify legal restrictions.
How can I make a conveyancing negligence claim?
To make a conveyancing negligence claim, gather evidence of the conveyancer's duty, breach, and resulting loss. Consult a specialist solicitor to assess your case, then formally file a claim seeking compensation for the damages incurred.
Do conveyancers have a duty of care?
Yes, conveyancers have a duty of care to their clients, requiring them to perform their services with the competence and diligence expected of a reasonable professional, ensuring the client's best interests are protected throughout the property transaction.
How do you prove a conveyancing solicitor is negligent?
To prove conveyancing negligence, you must show that the solicitor owed you a duty of care, breached this duty by failing to meet professional standards, and caused you a financial loss directly resulting from this breach.
Examples of conveyancing negligence
- Failure to conduct proper searches: Missing essential property searches, such as local authority, environmental, or drainage searches, which can reveal significant issues affecting the property.
- Incorrect advice on title: Providing incorrect or incomplete advice regarding the title of the property, including failing to identify and explain restrictions, easements, or covenants.
- Mistakes in contracts: Errors or omissions in the sale or purchase contracts, such as incorrect details or failing to include necessary conditions, can lead to legal and financial complications.
- Missing deadlines: Failing to meet critical deadlines in the conveyancing process, such as those related to the exchange of contracts or completion dates, causing financial loss or delays.
- Neglecting leasehold issues: Overlooking important leasehold issues, such as the remaining term of the lease, service charges, or ground rent obligations, which can significantly impact the value and enjoyment of the property.
- Inadequate mortgage advice: Providing poor advice regarding mortgage conditions or failing to ensure that mortgage funds are available on time, which can jeopardise the transaction.
- Failure to register property: Not completing the necessary steps to register the property with the Land Registry, leading to ownership disputes or issues in the future.
How do I complain about a conveyancing firm?
To complain about a conveyancing firm, first, address the issue directly with the firm. If unresolved, escalate the complaint to the Legal Ombudsman, providing details and evidence of the service failures and the impact on your transaction.
Conveyancing negligence cases
Where possible, we aim to negotiate a settlement for you before issuing legal proceedings and have access to a variety of alternative dispute resolution methods, such as mediation. This, or going to court if necessary, is about putting you back where you were financially before incurring a loss through solicitor negligence and ensuring you receive meaningful compensation.
The negligence team at Stephensons has many years’ experience in dealing with such cases and have access to relevant experts in our own conveyancing department. That means we are able to explain clearly the legal issues and provide open, honest and approachable services, plus a wide range of funding options.
Before taking legal action against a negligent solicitor or licensed conveyancer, we strongly suggest you speak to one of our negligence claims team on 01616 966 229.
