Buying: can I get money back from solicitors if they did their jobs wrong?

Eddie442

Four years ago I bought a flat in a converted Grade 2 listed building in Brighton. It had recently been converted by the previous owners from a studio to a 1 bedroom. Now I'm selling it and it has become apparent that the previous owners did not get the required listed building permission to do the conversion.

As a first time buyer at the time I did not know such things existed and trusted in my (Brighton-based and therefore necessarily experienced in listed buildings) conveyancer to do their job correctly. Before I can sell, I now need to put in a retrospective planning application for the conversion. If rejected, I will lose my buyer and be forced to drop out of my next purchase, losing all money spent on solicitors and survey for these. I will also presumably have to pay to convert my flat back to a studio (which I am not financially in a position to afford) and then attempt to sell it again having lost about 30% of its value.

Can anyone tell me if there is any recourse to claim any of these costs back from the solicitors I used when I bought the flat, as they have clearly not done their jobs correctly? Obviously I signed various disclaimers when I engaged them, or they wouldn't have done the conveyancing, but are they really so untouchable in their ivory towers that they're able by incompetence to financially ruin someone without repercussions?

Any advice appreciated.

Guest101

Complain to the Solicitor in the first place, they will likely get this for you free of charge

davidmcn

Eddie442 wrote: »

Before I can sell, I now need to put in a retrospective planning application for the conversion. If rejected, I will lose my buyer and be forced to drop out of my next purchase, losing all money spent on solicitors and survey for these. I will also presumably have to pay to convert my flat back to a studio (which I am not financially in a position to afford) and then attempt to sell it again having lost about 30% of its value.

Why not get an indemnity policy instead?

Dan-Dan

davidmcn wrote: »

why not get an indemnity policy instead?

no good if the council are now aware

Eddie442

davidmcn wrote: »

Why not get an indemnity policy instead?

The council are indeed aware.

Hoploz

Have you still got the paperwork from when you bought it? The seller should have filled in the information form about whether consents had been obtained for works done. That is your first clue. Your solicitor should have followed it up. But if the seller just said he had not carried out any works then it is up to you to let the solicitor know it had been converted, as they would not necessarily know themselves.

Eddie442

The seller said they had carried out the work with the relevant consent, and I have various documents pertaining to the work done such as floor plans, along with all the correspondence between my solicitors and the seller's. The solicitor did not follow up on the listed building consent, or mention it at any time, though it was known that the building is listed and that the work had been done.

TBagpuss

Your first step would be to contact the solicitors concerned and see what they say.

Without knowing what hey sent you, or what was said in the letters etc you were sent, we can't comment on whether or not they were negligent. *If* they were, then they / their insurers will have to deal with it. This may mean them carrying out work now to apply for retrospective consent.

If the sellers said that they had the appropriate consent and that was not true ten you may also have a claim against them.