Wrong advice from Solicitor. Where do we stand?

pongtoe

Hi

2 years ago we bought a flat. The flat had a very large roof space ripe for conversion. We discussed this with our solicitor and they advised us that we owned the roof space (we have this in writing) and it should be straight forward with regards to doing the work. For the past year we have been getting plans drawn, getting planning permission and warrants in place and quotes etc... When we went back to our solicitor to get letters of consent drawn up with the other 2 building owners, they pointed out that because it was not mentioned in the deeds who owned the roof space, by default it belongs to the ground floor flat (the flat is in Edinburgh). They then said they would cover all legal costs on our side with regards to getting a letter on conveyance draw with the downs stairs owner. This turned into a nightmare and since this we have decided to not proceed with the conversion. We have spent about £2500 on all the plans etc. Had we know that we did in fact not own the roof space, this would have effected our decision to purchase the property. Where do I stand in a situation like this? If anyone has been in a similar situation or could help, please! I am going to write a letter of complaint to them.

timmyt

your post is far too vague and doesn't specify what they did wrong, as a proper 'solicitor' rarely makes a mistake like that. did you go cheap and get a monkey?

Evilm

Since the solicitors are covering the bill for trying to get you the access they thought you had I'm not sure you can push for anything.

You could raise a complaint with them to see if you can get some of your outlay back but I wouldn't be too hopeful.

pongtoe

Thanks for the messages.

timmyt. The solicitor told us when we we're buying the property that we owned the roof space above our flat. It turns out that we do not own it because there is no mention in the title deeds that we do own it. Because of this, the solicitor has told us that by default it belongs to the ground floor flat. Basically they gave is wrong information because they did not ready the deeds properly and that has cost us. They were not cheap either! You would expect when you pay a solicitor to do a job, they would advise you correctly? They are a reputable company in Edinburgh.

pongtoe

Evilm

Thanks for posting! The hole thing has turned into a nightmare with the ground floor flat owner wanting money (which we cannot afford and had not planned for). So we cannot go ahead with the work. Our solicitor knows that they advised us wrong. I can't help but think that they are trying to smooth us over by offering to pay for the conveyance that they now don't have to do. I really want to know if I would be justified in making a complaint to them?

Evilm

pongtoe wrote: »

Evilm

Thanks for posting! The hole thing has turned into a nightmare with the ground floor flat owner wanting money (which we cannot afford and had not planned for). So we cannot go ahead with the work. Our solicitor knows that they advised us wrong. I can't help but think that they are trying to smooth us over by offering to pay for the conveyance that they now don't have to do. I really want to know if I would be justified in making a complaint to them?

I would say yes, make a complaint to the managing partner or through the Law Society's Complaints process. I have no issue with the complaint but I honestly do not think you are likely to get any money back from them as they have paid for the legal work to try to get the conveyance sorted.

Try going to a legal clinic, most areas have at least one solicitors who run an evening clinic for free and give you 10-15 minutes free and they should be able to tell you if you could claim any compensation.

tbs624

pongtoe wrote: »

They then said they would cover all legal costs on our side with regards to getting a letter on conveyance draw with the downs stairs owner. This turned into a nightmare and since this we have decided to not proceed with the conversion.

So do you now own the roof space or not? Did the solicitor fully meet the costs involved ? How long did it take to sort out? Why have you decided not to proceed with the conversion?

pongtoe

tbs624

We don't own the roof space, the ground floor flat owner does. We did proceed with the build as the owner wanted paying for it, we do not have the money to pay for it and paying for it would have meant' that we would have spent more money than it was worth if sold. The solicitor only met the costs of the 2 letters sent out to the other 2 owners of the other 2 flats in the building. This has been ongoing for about 4 months.

Thanks for all the advice

tbs624

In which case , letter to senior partner or practice manager and also contact the Law Society of Scotland. Look at the code of conduct.

timmyt

pongtoe wrote: »

Thanks for the messages.

timmyt. The solicitor told us when we we're buying the property that we owned the roof space above our flat. It turns out that we do not own it because there is no mention in the title deeds that we do own it. Because of this, the solicitor has told us that by default it belongs to the ground floor flat. Basically they gave is wrong information because they did not ready the deeds properly and that has cost us. They were not cheap either! You would expect when you pay a solicitor to do a job, they would advise you correctly? They are a reputable company in Edinburgh.

Scottish law. Not sure that makes any difference does it? You were locked in to the purchase before or after they told you what the lease said?

they must surely have pointed to a clause in the lease to give you advice? what do they say for themselves now?

pongtoe

We had not completed the purchase when they told us we owned the roof space.