Conveyancing Negligence

Conveyancing transactions can involve a lot of money and a high level of risk.

As a buyer, you rely on your conveyancer to make sure that you acquire good title to the property, free of any defects that could affect its value or your ability to use it.

As a seller, you rely on your conveyancer to ensure that the transaction proceeds smoothly and that you receive the full purchase price for your property with no comebacks.

Conveyancing negligence can manifest in various ways. From failing to carry out property searches to unclear drafting of legal documents, mistakes made by a conveyancer can have significant and costly consequences for their clients.

At Osbornes, we excel at pursuing conveyancing negligence claims. Whether the conveyancer in question is a solicitor, licensed conveyancer or legal executive, and whether the property is residential or commercial, we can help you hold negligent conveyancers to account for their actions and recover compensation for your losses.

Examples of conveyancing negligence

Conveyancing negligence can occur at any stage in the residential buying and selling or commercial conveyancing process. Some of the errors we frequently see include:

• Failing to carry out searches.
• Drafting errors in contracts, deeds and declarations of trust.
• Inadequate advice on encumbrances such as easements, rights of way and adverse possession claims.
• Failing to advise on planning or other restrictions so you are not able to alter or use the property as you intended.
• Failing to identify boundary discrepancies and neighbour disputes.
• Failing to disclose conflicts of interest.
• Exchanging contracts without the client’s permission.
• Failing to pay off the mortgage on a sold property or a remortgage.
• Failing to register transfers and mortgages.
• Failing to advise on ownership options such as joint tenants or tenants in common
• Failing to secure vacant possession of the property.

Since the list of possible issues is so long, the best way to find out if you have a claim is to get in touch. Our property negligence lawyers are happy to offer a free consultation and advise you on the strength of your case.

How do I prove a conveyancing negligence claim?

Conveyancers sometimes make mistakes, but not every mistake meets the threshold for a successful legal claim. To prove negligence, you will need to show that your solicitor or conveyancer:

• Owed you a duty of care, and
• Breached that duty by acting below the standard expected of their profession, and
• Caused you to suffer financial loss or harm as a result.

Of all the property professions, the legal profession is one of the most highly regulated. Solicitors are governed by the Solicitors Regulation Authority (SRA), licensed conveyancers are regulated by the Council for Licensed Conveyancers (CLC), and legal executives are regulated by the Chartered Institute of Legal Executives (CILEx).

All of these bodies impose strict standards of conduct on their members. These standards encompass various aspects of a conveyancer’s work, including providing competent legal advice, protecting the client’s interests, following proper procedures, handling client funds appropriately, and avoiding conflicts of interest.

Falling short of these standards can open the conveyancer up to disciplinary action as well as a successful professional negligence claim.

What evidence is needed to support a conveyancing negligence claim?

Evidence may include written communications between you and your conveyancer, communications between your conveyancer and the other party involved in the transaction, legal documents related to the transaction, records of funds paid or received, and property search reports.

Your conveyancing negligence solicitor will go through these materials with a fine-tooth comb to build a picture of what the conveyancer did and did not do.

Expert reports will be a key element in supporting your claim. Your solicitor may call for the following types of reports:

1. A legal expert in your type of property transaction would assess whether the conveyancer acted competently, that is, whether their actions or omissions deviated from what would be expected of a reasonably competent professional in that situation.
2. A surveyor or other property expert may be consulted to determine whether the conveyancer’s negligence caused you financial harm, and what the value of that loss is. Your solicitor will use these reports to value your claim, ensuring that you are fully compensated for any financial losses caused by the conveyancer’s negligence.

How long do I have to make a claim for conveyancing negligence?

In most cases, the time limit for bringing a claim is six years from the date of the negligence.

If you only become aware of the negligence later, then you have three years from this date to bring a claim. This might happen where an easement or usage restriction only comes to light when you try to sell the property, forcing you to sell it for less than the price that you paid. Or perhaps when you try to remortgage, you discover that the property has not been registered at Land Registry.

If you are uncertain of the time limits, call us and we can tell you within minutes if you are in time to make a claim.

How much compensation can I claim for conveyancing negligence?

Generally, your compensation will be equal to the financial losses you have suffered due to the conveyancer’s negligence. This might include:

• The diminution in value of the property.
• The amount of overpayment compared to the property’s true market value.
• The cost of putting the issue right, which can be substantial if you are trying to (for example) acquire a right of way and a new legal team is required to unravel the issues.
• In some cases, emotional distress or inconvenience caused by the negligence.

Each case is unique and the amount of compensation will depend on the specific circumstances of your claim. Your solicitor will work with you to gather all necessary evidence and determine the full extent of your losses in order to seek fair and just compensation for you.

Will I have to go to court for a conveyancing negligence claim?

Conveyancing negligence claims follow a process called the ‘Pre-action Protocol for Professional Negligence.’

Established by the Ministry of Justice, the Pre-action Protocol lays down a series of steps for solicitors to follow before bringing a professional negligence claim. These steps include sending a Letter of Claim to the defendant, allowing them an opportunity to respond, and attempting to resolve the matter amicably before going to court.

In many cases, alternative dispute resolution methods such as mediation and arbitration can help you achieve a good, and relatively fast, result. Our lawyers will advise you on the best course of action for your individual case, and support you through every step of the process.

Should negotiation or alternative dispute resolution be unsuccessful, our team of experienced litigators will be prepared to take your claim to court. This might happen where the conveyancer is unwilling to accept liability or offer a settlement that covers the full value of your losses.

We have a strong record of success in professional negligence litigation. Rest assured that we can provide you with skilled representation to obtain the best possible outcome for your case.

Why work with Osbornes?

If you believe that your conveyancer was negligent, get in touch with the property negligence experts here at Osbornes. With over 40 years of experience pursuing conveyancing negligence claims on behalf of clients nationwide, and with extensive experience handling complex, high-value claims, we can help resolve the matter quickly and secure the damages you are owed.

Even if you are not sure exactly what went wrong, we can help. To speak to one of our specialist conveyancing negligence solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811