Possibility of negligent solicitors and compensation from them or others

BBB169

Does anyone have any advice regarding the following situation? Sorry if it's rambling or unclear


I bought a flat late last year.


The vendor confirmed there was an allocated parking space. He wrote this on the fixtures and fittings form and he said to me that he was renting it out. On one viewing the estate agent showed me the parking space (or the one she assumed was allocated to the flat) and we discussed arrangements and possibilities (likelihood of renting the parking space etc.). I did not speak to the vendor much about this as he did not speak much English.


I raised queries with my solicitor regarding the parking space several times before exchange. These were passed on the vendor's solicitor.


Once I moved in I found out there wasn't a parking space allocated to the property. The property management company said my solicitor should have checked the lease. But in fact though the lease does not confirm whether there is a parking space allocated to the property, it states the electricity meter is located in the parking space. I then spoke to the other estate agent involved with the sale and he told me he thought I would have a strong case for suing the vendor (this is what he was told when he spoke to the vendor's solicitor), except that the vendor was Korean and had now returned to Korea. He maintained that the estate agent was not liable as they simply assume the details provided by the vendor were correct. I do think they knew there wasn't a parking space though - prior to exchange they confirmed to me that they had a fob (to access the underground parking space) and then subsequently said they meant the fob to enter the building.


My solicitor has said she is looking into and discussing with the senior partners.


I am unsure whether I can get compensation from the vendor (falsely claiming they had a parking space) or my solicitor (not checking the lease), or even the estate agents, and how I should proceed.

zarf2007

BBB169 wrote: »

Does anyone have any advice regarding the following situation? Sorry if it's rambling or unclear


I bought a flat late last year.


The vendor confirmed there was an allocated parking space. He wrote this on the fixtures and fittings form and he said to me that he was renting it out. On one viewing the estate agent showed me the parking space (or the one she assumed was allocated to the flat) and we discussed arrangements and possibilities (likelihood of renting the parking space etc.). I did not speak to the vendor much about this as he did not speak much English.


I raised queries with my solicitor regarding the parking space several times before exchange. These were passed on the vendor's solicitor.


Once I moved in I found out there wasn't a parking space allocated to the property. The property management company said my solicitor should have checked the lease. But in fact though the lease does not confirm whether there is a parking space allocated to the property, it states the electricity meter is located in the parking space. I then spoke to the other estate agent involved with the sale and he told me he thought I would have a strong case for suing the vendor (this is what he was told when he spoke to the vendor's solicitor), except that the vendor was Korean and had now returned to Korea. He maintained that the estate agent was not liable as they simply assume the details provided by the vendor were correct. I do think they knew there wasn't a parking space though - prior to exchange they confirmed to me that they had a fob (to access the underground parking space) and then subsequently said they meant the fob to enter the building.


My solicitor has said she is looking into and discussing with the senior partners.


I am unsure whether I can get compensation from the vendor (falsely claiming they had a parking space) or my solicitor (not checking the lease), or even the estate agents, and how I should proceed.

This is nothing to do with the lease, your solicitor should have confirmed this as part of the title deeds so I would go after them in the first instance.

BBB169

zarf2007 wrote: »

This is nothing to do with the lease, your solicitor should have confirmed this as part of the title deeds so I would go after them in the first instance.

Thanks. How would you suggest proceeding?


My brother has a friend who works in property law and he has encouraged me to send him some relevant documents.


I'm just wondering if I should go back to my solicitors before discussing it with, let alone become a client of, other solicitors.

cattie

Definitely nothing to do with the ea as they can only go on what a vendor tells them. They do not get to see or check the lease or title deeds & their terms & conditions will state that prospective buyers need to make their own checks about such things.

If your solicitor made enquiries via the other solicitor & was mislead with wrong info, then I would think that you should have some comeback, but with the vendor now in Korea, who knows how successful any claim would be.

zarf2007

BBB169 wrote: »

Thanks. How would you suggest proceeding?


My brother has a friend who works in property law and he has encouraged me to send him some relevant documents.


I'm just wondering if I should go back to my solicitors before discussing it with, let alone become a client of, other solicitors.

Raise a case with their complaints dept and if you get nowhere raise a case with legal ombudsman/SRA

BBB169

Thanks. So I've made a complaint now. Whilst I am waiting for a response I'm just wondering how I should respond. If they offer no compensation, then I suppose I should go to the legal ombudsman. If they offer something - refunding some or all fees, how should I know whether I should accept, or go the ombudsman, or negotiate?


I suppose ultimately I must make judgements, but just thought I'd see what ideas people on here might suggest.

silvercar

What are you looking for in compensation? The difference in value between the property with and without the parking space? How much would that be?

G_M

raised queries with my solicitor regarding the parking space several times before exchange. These were passed on the vendor's solicitor.

You can't stop your explanation there! This is he critical part!
*What exactly did you ask your solicitor? How? Did you send a letter? Email? Do you have copies? Please quote.
*What exactly did your solicitor pass to the vendor's solicitor?
* And most important, what reply was received?

Copies of all this should have been given you, since your solicitor should have responded to your original enquiry.

If your solicitor never sent you the answer from the seller, ask for it now.

If your solicitor DID send the answer, did you read it and what did it say?

Next, contrary to zarf2007 above, this IS to do with the lease. I'm sure you must have been sent a copy of the lease.
* did you read it?
* what does it say about parking? Please quote for us.

Finally:
* you have no case against the EA
* you may have a case against your solicitor if he was negligent - depends on the answers to my Qs above
* you may have a case against the seller, if he lied in answers during the conveyancing process (though good luck with suing him in Korea!)

Guest101

silvercar wrote: »

What are you looking for in compensation? The difference in value between the property with and without the parking space? How much would that be?

Well to park in my road using the parkatmyhouse rating is £5 per days, in bigger cities u can double or treble that.

But let's say £5 x 7 ( since the op lives there ) x 52 =1820 per year, x length of lease...

Clearly that's not likely, so what about the cost of residents parking permit, £60 a year? X the length of lease, 100 years? 5k, more likely.

Depending on area and costs I'd say between 5 and 7000 is not unreasonable.

BBB169

Guest101 wrote: »

Well to park in my road using the parkatmyhouse rating is £5 per days, in bigger cities u can double or treble that.

But let's say £5 x 7 ( since the op lives there ) x 52 =1820 per year, x length of lease...

Clearly that's not likely, so what about the cost of residents parking permit, £60 a year? X the length of lease, 100 years? 5k, more likely.

Depending on area and costs I'd say between 5 and 7000 is not unreasonable.

Before I realised I don't own the space I responded to an advert on the building noticeboard - he was happy to pay £100 (that's what I asked, but maybe he would have agree to more if I'd asked).


So if we say the parking space is worth £10,000 that would be a yield of 12%. So I imagine the value of a parking space is at least that much


This is an underground parking space in a nice modern block in Wandsworth

Thrugelmir

You need to answer G_M's questions. As the responses to the enquiries would have been sent to you by your solicitor.