Property Negligence Solicitors

Claims Against Property Professionals

In every property transaction, you put your trust in professionals to do a good job. If you have suffered financial harm through the negligent advice or actions of a third party, you may have a claim for professional negligence. Our lawyers specialise in helping bring such claims.

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In every property transaction, you put your trust in professionals to do a good job. If you have suffered financial harm through the negligent advice or actions of a third party, you may have a claim for professional negligence. Our lawyers specialise in helping bring such claims.

An experienced team of property litigation solicitors

Property deals are a team sport. Many professionals are involved in them, including architects, surveyors, construction companies, estate agents and conveyancers. Each plays a vital role and their actions can significantly impact the outcome of a property transaction.

When you hire a property professional, you do so in the expectation they will perform their duties with the level of skill and care expected of someone in their position. Mistakes can happen, but if those mistakes lead to financial loss for you, then you may have a claim for professional negligence.

Our specialist team of property litigation solicitors collectively brings more than a century of legal experience to the table. As a result, Osbornes are able to provide an outstanding service to businesses of all sizes as well as private clients, for both commercial and residential property negligence claims. We deliver a tailored, efficient and jargon-free approach in every case.

What is property negligence?

Every contract you sign with a property professional contains an implied promise that they will carry out their duties with “reasonable skill and care.” They must act competently, even if the contract doesn’t explicitly state it.

If a professional’s actions fall below this standard, and you suffer financial loss as a result, then you may have a claim for property professional negligence.

Who can I make a property negligence claim against?

You can bring a negligence claim against any property advisor you hire, and in a wide set of circumstances. Here are some examples:

  • Estate agent negligence – Estate agents who undervalue your property, causing you to sell for less than its market value.
  • Surveyor negligence – Surveyors who miss structural problems with the property, such as dry rot, woodworm or subsidence issues.
  • Conveyancing negligence – Solicitors and licensed conveyancers who miss something important about the property’s title, such as easements or restrictive covenants, making it more difficult to renovate or sell.
  • Architect negligence – Architects who give poor or incorrect building design advice.
  • Letting agent negligence – Letting agents who fail to carry out proper checks on tenants, leading to landlord and tenant disputes or loss of rent.
  • Engineer negligence – Engineers getting their structural calculations wrong, causing the building to become dangerous.
  • Construction negligence – Trades people delivering poor quality work resulting in damage to your property or requiring expensive repairs, or construction managers providing a poor budget planning service, leading to the construction project being more expensive.
  • Auctioneer negligence – Auctioneers who fail to properly disclose all information about a property before the auction, leading to financial loss for the buyer.

How do I prove that a property professional has been negligent?

You cannot bring a claim simply for bad service, as frustrating as this may be. To prove that a property professional has been negligent, you must show the following three elements:

  1. The property professional owed you a duty of care, meaning they had an obligation to provide services related to the specific issue in question, and it was inside their scope of work.
  2. The property professional breached this duty by providing substandard or incorrect advice or services.
  3. This breach of duty directly caused you to suffer financial loss or damage. The legal test is the “but for” test – i.e. but for the professional’s negligence, you would not have suffered the loss.

Proving these elements can be complicated, and it requires a thorough understanding of property law, case precedents, and the regulatory environment within which professionals operate. All property professionals are required to act competently in accordance with their own regulatory bodies and professional standards. The standards themselves will differ from profession to profession but the general rule is the same: if the professional falls short of their own professional standards and you suffer loss as a result, there may be grounds for a claim against them.

How long do I have to make a property negligence claim?

Typically, you have six years to bring a claim for property negligence.

If you miss this deadline, you may not be able to bring a case.

However, there are exceptions to this rule, so it’s best to seek legal advice as soon as possible.

Why choose Osbornes?

Osborne’s trusted team of experts has handled many professional negligence claims against property professionals. Our client roster includes high-net-worth individuals, commercial occupiers, investors and property businesses. Our swift and careful guidance can give you the best chance of getting the compensation you are owed.

To learn more about our property negligence service, call Osbornes’ specialist property litigation solicitors by:

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

Professional Negligence and Property Professionals FAQs

Do I have a property negligence claim?

When you hire a property professional, you should be able to trust that they are competent, diligent and experienced in their area of expertise. If they fall short of professional standards and you lose out financially, then you may be able to make a professional negligence claim.

There are many things that can go wrong in real estate, so the best way to find out whether you have a claim is to get in touch.

We offer a free initial consultation where we will review the details of your case. Based on our assessment, we will advise whether you have valid grounds for a claim and talk you through the process. Then you can decide whether to proceed.

Strict time limits apply to claims against property professionals, so the sooner you can speak to us the better.

Who is the property negligence claim against?

The claim will be against the property professional or the firm that employs them. Most times, the professional will have indemnity insurance to protect themselves against a claim for negligence. In these cases, the insurance company will probably come on the record and have their say in the defence of the case.

This is good news, since it means the property professional has insurance to pay out the claim. The professional’s personal financial position will not affect your case.

How do I make a property negligence claim?

The first step is to speak to a member of the property litigation team at Osbornes. We will listen to the facts of your case and advise if the service you received was legally negligent or merely ‘poor.’ Poor service, while frustrating, is not something we can take to court.

Before any proceedings are launched, your solicitor will make a thorough investigation of the circumstances of the case. This might include obtaining an expert opinion and making sense of complex technical details. It is our job to build a strong case against the professional and their firm, proving that the professional was negligent and this caused you or your business financial harm.

Where possible, we seek to avoid litigation and reach an out-of-court settlement. This is a comparatively fast and cost-effective way of settling the property negligence dispute.

How much compensation could I claim?

There is no set amount of compensation you could receive. It comes down to your financial losses.

The aim is to put you into the position you would have been in if the property professional had acted competently.

The value of your claim will be based on such factors as how much it costs to resolve the problem, the amount you overpaid on a property deal, or the loss of opportunity if you cannot now develop or deal with the property in the way you intended.

In all cases, our aim is to achieve the maximum amount of compensation. We’re here to help, so please get in touch and we can give you an estimate of the value of your claim.

Contact our Property Negligence Lawyers Today

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    • On first meeting Shilpa I was sure that she understood immediately my requirements, and was sympathetic both to my financial restraints and my emotional state. She achieved everything I asked of her and proved to be invaluable, professional and efficient

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    • At every step Shilpa alleviated any concerns and stresses we had. Always fast to respond, always professional and super knowledgeable.

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    • Shilpa has helped us through some key property litigation matters (residential and commercial) since 2014 and has delivered on every occasion. One particular issue had kept us in a state of stress and tension for almost a decade and after getting in touch with Shilpa she was able to help us bring the matter to a peaceful and successful conclusion.

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    • If I had another reason to have to seek legal advice again, I wouldn’t hesitate to use Shilpa, and would recommend her to anybody who needed legal advice.

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