When buying or selling a property the conveyancer you use will be entrusted with a great deal of responsibility. Conveyancing negligence claims can be brought against those who are negligent in their duty and cause you to suffer a loss as a result. For many people, a property transaction will be the largest transaction they will make, involving their most valuable asset and significant emotional investment. If your conveyancer is negligent and mistakes are made, resulting problems can be particularly stressful, with financial and emotional consequences.
If you have suffered a loss as a result of negligence by your conveyancer, we can help you obtain legal redress. Healys Professional Negligence solicitors have a wealth of experience in conveyancing negligence claims and have the necessary expertise to advise and assist you in the recovery of your losses. We have excellent relations with the leading chambers in the industry and are recognised in the field by industry directory, the Legal 500. We are also members of the Professional Negligence Lawyers Association.
Conveyancing Negligence Claims; What Can I Claim For?
There are many different ways by which negligent conveyancing can cause a loss, from a failure to fully investigate a property’s title, to inadequate advice relating to other matters affecting the property. It is, however, possible to recover your losses by claiming for professional negligence and the Healys Professional Negligence team can offer advice and guidance in this matter.
Examples of Conveyancing Negligence Claims:
- Failure in the investigation of a title e.g. failure to advise that part of a property is not within the seller’s title
- Bad advice about matters affecting the property that causes a loss
- Failure to advise on adverse or missing items e.g. planning permission, rights of way, building regulations, NHBC Guarantee
- Failure to carry out property searches and enquiries
- Failure to advise on information given by sellers or property searches e.g. provisions for maintenance of roads and sewers, proximity of a coal mine or other environmental issues
- Failure to make further enquiries after seller’s replies or property search results suggest further enquiries should be made
- Failure in a leasehold purchase e.g. failure to establish that the terms of the lease are satisfactory or not defective
- Failure to advise on doubling of ground rents in leases
- Failure to ascertain an obligation/security to build on the sale of bought land or building contract
- Failure to advise on a listed building e.g. missing consent documents
- Omitting important provisions from the Contract or Deed
- Failure to register your purchase or lease at the Land Registry
- Missing consents for Change of Use
- Failure to define property boundaries correctly including the wrong provisions or words in the Contract or Deed
- Mistaken sale of all or part of your land / Acting without authority
- Conflicts of interest
- Failure to raise Requisitions on Title
- Failure to ensure removal of a registered charge or mortgage
- Failure to register a mortgage or charge at Companies House on time
- Failure to register a mortgage or charge at the Land Registry on time or at all
- Failure to follow the mortgagee’s instructions
- Failures on equity release or lease/tenancy back cases
- Failures in contract races
- Failure to protect vulnerable clients
- Failure to advise on a survey report (Surveyor Negligence)
Robert, I would like to thank you and your team, for your highly professional approach whilst dealing with my complicated professional negligence case. If asked, I would not hesitate to recommend Healys.
Robert Johnson of Healys is “very thorough and commercially minded,” according to sources. He focuses on advising claimants, and assists them with disputes involving a full range of professionals.
Chambers & Partners 2018
If you feel your conveyancer has let you down, fill in the form above and one of the team will get back to you.