Conveyancing Negligence Claims: Wilson Browne Solicitors

A conveyancer does not need to be a solicitor.

They can be either a qualified solicitor, or a licensed conveyancer, and in many firms the process involves the use also of paralegals and other non-qualified lawyers.

It is the duty of a conveyancer to ensure that the property being purchased by their client does not have foreseeable problems with the title, which might mean that the property is worth less than anticipated and therefore might be more difficult to sell in the future.

Conveyancers are under an obligation to ensure that deadlines are reached, contract documents are checked, and competent advice is provided to their clients in relation to the transaction.

Sometimes, however, things can go wrong – especially when issues arise that could not have been anticipated. Generally, if mistakes happen, the conveyancer has not acted with reasonable skill and care, meaning they have been negligent, and you can claim compensation.

The type of problems that may be faced as a result of conveyancer negligence include:

• A house sale or purchase falling through because of a lawyer failing to follow instructions or missing deadlines.
• Defects in title not being identified, and/or clients not being advised of defects prior to entering into an enforceable contract.
• Improper advice being provided relating to easements, planning permission, building regulations, rights of way, restrictive covenants, adverse possession problems, etc.
• Searches not being conducted properly.

It may not be possible to get out of your property sale or purchase (your own lawyer’s incompetence does not usually mean you can avoid your contractual obligations).

However, if the negligence of the conveyancer means you paid too much for the property because it was worth less as a result of an issue that was missed, then you can potentially claim the difference in value.

If the problem can be remedied, for instance by paying someone else money, then the costs of rectifying the issue can often form part of a claim. Crucially, however, it is not only in the payment of damages or compensation that we can assist.

Quite often, it is much more practical and sensible to try and resolve problems with the title, rather than to (at first) pursue conveyancers for negligence.

The costs of rectifying issues can form a claim, but we have the expertise as property litigation specialists to try and resolve issues that have only been identified after a property purchase has completed. There may also be additional expenditures that can be claimed, for instance, the cost of rental fees and accommodation.

These issues may relate to problems with rights of way, and adverse possession issues (for instance land which was believed to have been bought but which was not).

At Wilson Browne Solicitors, we regularly advise and resolve issues relating to easements, rights of way, boundaries, and finance and mortgage problems which should have been either identified by or resolved by, conveyancers at the time of a property transaction.

The general rule is that you must issue proceedings at a court within 6 years of the date of the negligent act or mission.

However, the actual date needs careful assessment by an expert as different rules may apply. For instance, if you had no way of knowing negligence had occurred until a later date.

You should therefore obtain professional advice as soon as you become aware that there may be an issue.

As experts in conveyancing negligence claims, we can offer a cost-effective review of your case.

This involves identifying your prospects of winning and what the value of your claim is. We’ll also determine exactly what it might cost to rectify the issue or to pursue a claim against your previous conveyancing lawyer.

Surveyors might need to be instructed to provide an opinion on the difference in the value of a property where it was purchased for a figure that was higher than would have been paid had the problem been identified.

We can recommend and instruct the correct experts in these cases so that each one of the conveyancing negligence claims we receive is supported with the right evidence and put into the correct form at an early stage.

In some cases, we may offer conditional fee agreements, that is to represent you for no fee or for a reduced fee unless you win.

We also have legal expenses insurance schemes that can provide insurance to protect you against losing.

We look to put in place the right funding to allow the good claims to succeed, and our expertise means we can advise you quickly if your claim does not have good prospects.