By Robert Johnson
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Failure to Account for Proceeds of Sale
This claim arises out of the failure of the conveyancers who acted on the sale of the client’s property to account to him for the proceeds of sale. At the client’s request, the conveyancers had sought to pay the proceeds of sale to him by way of banker’s draft. However, they failed to advise on safe means of delivery. The banker’s draft subsequently could not be located as it was either lost in the post or stolen. We were instructed to recover the client’s losses and did so successfully.
Failure to Advise on Terms of Lease
During the conveyancing process, the client’s solicitors failed to advise on the implications of a term of the lease which prohibited alterations to the property. The solicitors had been aware from the outset of the client’s intention to make alterations to the property. Consequently, when the client sought the consent of the landlord to build an extension, the landlord advised that a premium would be required for consent. Had the client been properly advised prior to completion he would not have proceeded with the purchase or; negotiated a reduction in the price paid; or sought consent without having to pay the premium prior to exchange. We successfully obtained compensation for the client.
If you would like legal advice on this area of Professional Negligence or further information on any of the above, please contact Robert below.
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