Advice required on negligence claim

dawsonio

Hi,

I wonder if anyone in the business or with knowledge of these things can give me some advice on this topic.

I bought a Newbuild property towards the end of 2007 and instructed a a solicitor to do the required searches etc to complete the transaction. Searches came back clear most notible being a coal mining search that stated no mine shafts withing 20 Metres of the site. I live in an area where there was a lot of previous mining activity so was pleased with these results and proceeded with the purchase.

Almost 3 years down the line i have just returned from Holiday to find a letter on my doorstep from the Coal Authority asking if they can come around and inspect a Vertical Mine Shaft that is under my Living Room and front wall. :eek:

I was very shocked and initially thought that the house builders had delayed passing on this infrmation to the coal board untill after the searches were carried out.

However after a bit more digging i have found out that the Shaft was recorded with the Coal Authority in 2006 so should have definately shown up on any searches carried out in 2007. I provided the referance number to the Coal Authority and the search date the the solicitor has provided me with comes back as 2004???? not even referencing me.

So basically the solicitor has just provided me with someones elses photocopied search from 2004 that showed the area was clear when infact i am sitting on top of a Mine Shaft that would have flagged up if the actually did the search that i had paid for.

Please any advise on the best way to approach and take this would be much appriciated. I am worried that my house value will have suddenly plummeted and i will stuggle to sell in the future to to this negligence.

Thanks

Dawsonio

clutton_2

i think you need independent legal advice - see if you can find another local solicitor who offers a freee half hour surgeryt for an initial consultation...

this sort of mistake by the original solicitor could be covered by their Insurers... but like all insurers they will fight tooth and nail not to pay out..

the difficulty is that at the moment you have not suffered any financial loss... so what will you sue them for ? what notional sum will you sue them for ? but i'm no solicitor....

i definitely see a long legal argument about to ensue...

maninthestreet

dawsonio wrote: »

However after a bit more digging....

Literally???

dawsonio

clutton wrote: »

i think you need independent legal advice - see if you can find another local solicitor who offers a freee half hour surgeryt for an initial consultation...

this sort of mistake by the original solicitor could be covered by their Insurers... but like all insurers they will fight tooth and nail not to pay out..

the difficulty is that at the moment you have not suffered any financial loss... so what will you sue them for ? what notional sum will you sue them for ? but i'm no solicitor....

i definitely see a long legal argument about to ensue...

thanks, I am guessing they should cover any potential loses, I would have bought another house if I had known as they were all the same price at the time but im thinking mines going to be worth a lot less now.

lol at the digging comment:rotfl:

sonastin

I know nothing about solicitor's negligence, but if the builders had been negligent you would not be able to claim for economic loss (i.e. the house being worth less) but only for physical damage (e.g. if the front wall fell down the shaft). You might be in the same situation with the solicitor's negligence. Definitely take proper legal advice on this one as it is a difficult area...

clutton_2

there were cases in Bristol where old mine shafts suddenly opened up in folks gardens with huge holes underneath.... i dont know how they got resolved, but its bound to be google-able.....

PasturesNew

Somebody I know discovered a mine in the garden of a bungalow they were going to buy for retirement - and they pulled out. 15 years on they've had a discussion with the person who DID buy it and they found out that the property is now unsafe and the owner had to be moved into an OAP council place as it's unsafe and uninhabitable.

Barneysmom

dawsonio wrote: »

thanks, I am guessing they should cover any potential loses, I would have bought another house if I had known as they were all the same price at the time but im thinking mines going to be worth a lot less now.

lol at the digging comment:rotfl:

Sorry! I couldn't resist :cool:

dawsonio

Barneysmom wrote: »

Sorry! I couldn't resist :cool:

I knew that was gonna happen

mufi

dawsonio wrote: »

thinking mines going to be worth a lot less now.

lol at the digging comment:rotfl:

Good for you for maintaining your sense of humour. Here's another one...:rotfl:

mufi

Barneysmom wrote: »

Sorry! I couldn't resist :cool:

Oops, sorry, we appear to have spotted the same one:rotfl: