Possibility of negligent solicitors and compensation from them or others

NonPracticingSol

Yes - GM raises some good questions. Your lawyer should have sent you a Report on Title. Did this mention the parking space?

Dont bother focusing on the vendor or instructing a new firm spending money. Focus your attention on getting answers form the senior partner of the firm who conducted the conveyancing.

maninthestreet

How can a electircity meter be located 'in a parking space' ???

BBB169

Thrugelmir wrote: »

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

I have a copy of an email from their solicitors to my solicitors. It states:


"With regard to parking my client tells me that every flat has a parking space in the basement and they obtain a card from the service company."




On the Law Society Property Information Form (3rd edition) the section 9.1 What are the parking arrangements at the property? "Private Parking" has been written


I'm looking through the other documents.

BBB169

I have made a complaint.


They have responded, offering £100 refund of fees, as they "did not take sufficient steps to follow up and advise you on the position in respect of the parking space after completion" but they deny they were responsible for the property being purchased without a parking space.


They say "looking at the estate agent sales particulars which contain no mention of a parking space, the report sent to you which again makes no mention of a parking space and the fact that there were no negotiations in respect of this property which included consideration for a parking space." This is precisely the contentious point. When the report made no mention of the parking space, I raised this with the solicitor and the solicitor confirmed raising these queries with the sellers solicitors. So there were no negotiations regarding the parking space, but is this the relevant point? Clearly, throughout the process there were numerous questions regarding the parking space. If these were relevant points, shouldn't the solicitor have pointed this out to me before exchange? ("I'm happy to raise all these queries regarding the parking space, but you do realise there is no parking space")


They also state: "I also note there was some communication in
relation to a key fob both before and after completion and it is clear that this correspondence was on the basis of clarifying the use of the car park as opposed to insisting on a contractual or proprietary
right." This just seems silly. Isn't it implicit that my only interest in a key fob for parking was for the purposes of actually being able to use the car park?


I am wondering if they are correct - I have no case, and the £100 is really a kind gesture from them. Or I do have a case and they are hoping I will take the £100?


I'd be grateful if anyone has any thoughts or experience with compensation like this. Should the offer be considered a take it or leave it offer? Is it worth asking for more? Is it worth going to the legal ombudsman, or talking to other solicitors?


Is it worth responding as I don't believe he has made reference to my questions - is it the responsibility of the solicitor:
1) to check the lease
2) to make queries which are relevant to property

Jenniefour

BBB169 wrote: »

I have a copy of an email from their solicitors to my solicitors. It states:

"With regard to parking my client tells me that every flat has a parking space in the basement and they obtain a card from the service company."

On the Law Society Property Information Form (3rd edition) the section 9.1 What are the parking arrangements at the property? "Private Parking" has been written.

Looking at the contents of the email it appears that both the vendors solicitor and your solicitor have relied on what the vendor said to answer that question. I don't think that answer is good enough. Did your solicitor challenge this?

I can't imagine that there would be nothing at all in the lease about parking - unless your flat definitely does not have a parking space and some of the other flats do have designated parking.

BBB169

Jenniefour wrote: »

Looking at the contents of the email it appears that both the vendors solicitor and your solicitor have relied on what the vendor said to answer that question. I don't think that answer is good enough. Did your solicitor challenge this?

I can't imagine that there would be nothing at all in the lease about parking - unless your flat definitely does not have a parking space and some of the other flats do have designated parking.

I don't know precisely what my solicitor challenged, or knew at the time. I simply have a copy of that email as it was something sent to me along with a lot of other documents before exchange.


There is nothing in the lease about parking. In this block flats which have parking have details of this in the lease; flats which don't have nothing about parking. My complaint was that my solicitor did not read the lease.

Thrugelmir

BBB169 wrote: »

My complaint was that my solicitor did not read the lease.

Did you read the lease?

BBB169

Thrugelmir wrote: »

Did you read the lease?

Yes I read the lease. In fact, I know my solicitor read it too - I remember having my attention to drawn to the fact that it stated I was not allowed to keep birds in the flat. It hadn't occurred to me that the absence of anything about parking was a worrying sign.


I raised queries with the solicitor regarding the parking space, and after much delay, I was assured that my queries had been dealt with. If I cannot rely on my solicitor to have some grasp of legal matters and to act in my interest, why not do it myself?


But I'm not a legal professional. Is it really a defence for a solicitor to say to a client "I was idiotic but so were you"?


Anyway, I'm very interested if you have any thoughts how I should proceed.

CKhalvashi

I'd seriously suggest rejecting the offer, and going for the difference of the value of the flat with/without.

You chased it, they didn't check, effectively leaving you in a place where your decision could have been different following the correct advice.

I am, however, the sort of person you wouldn't want to come against in court. You may not be.

CK

TBagpuss

What specific questions did you ask, and what were the answers?

Asking whether parking is available is very different to asking whether there is a dedicated parking space with the flat, for instance.

If you specifically asked for confirmation that your flat included a parking space, and were told that it did, then yes, it is responsible to complain and to be looking for a sum equivalent to the difference in value between your flat, and an identical flat with it's own parking space.

It looks as though the vendor's solicitor stated that every flat had a space, it would have been reasonable to confirm this with the landlord / service company - did you ask your solicitor to follow it up? In your complaint to them, have your drawn their attention to that e-mail they sent you and asked them why they did not check the lease to confirm this, r to clarify whether anything further was required? Have you spoken to the service company since to ind out whether it is possible to buyr rent a space separately?