Reporting solicitors to ombudsman/SRA

eshroom

I hope someone can help on this.

I sold and purchased a flat (each transaction with separate solicitors as I lost faith in my selling solicitors a way into the transaction and so didn't employ them for the purchase).

I was pressured to exchange on the purchase property as there were other interested parties.

There was only one outstanding issue with the sale property and that was a required Deed of Variation.

I was told by my selling solicitors that the freeholder's solicitor (or the freeholder depending how you choose to interpret the email) had agreed the buyer's proposed variation in principle.

On the basis of this advice basis I exchanged on the purchase property (without having exchanged on the sale), but with a long completion time just in case.

As it turned out, the solicitor had not presented the proposed variation to the freeholder's solicitor or the freehold, let alone received agreement in principle.

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Now, obviously my selling solicitor misinformed me about the state of the transaction. I believe my solicitor was overworked and perhaps made a mistake, perhaps tried to fob me off and thought it would all be OK.

As it turned out, freeholder did not agree and a couple of key points form the buyer's perspective were omitted, this caused delay and almost led to the transaction falling through.

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The completions happened within a few days of eachother and all was good, but the financial risk to me was multiplied by my selling solicitor's misinformation. The stress caused was very large.

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Please do not reply if you intend to say I took a risk I shouldn't have taken etc. etc. I was aware of the risk, it was a calculated risk based on receiving honest and correct information from someone I had employed to protect my interests (my selling solicitor). It is a risk I would never have taken had this final step, the Deed of Variation, not been "agreed in principle".

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Given the situation, a solicitor friend of mine has suggested I am duty-bound to report this to the SRA as it is unacceptable for solicitors to misinform, or potentially knowingly lie, to their customers.

I have exhausted the complaints procedure for the selling solicitors and after much back and forth have been offered £100 in compensation. I asked for 50% of the fees returned. They have suggested I take this to the ombudsman, though they don't believe I will be offered any compensation as I have not lost any money as a result of their mistake and the ombudsman does not account for stress etc.

If I had to choose between £100 or the SRA/ombudsman taking some form of disciplinary action against the solicitors, I would choose the latter. I think they need to improve their internal process and be held to account for their actions.

So should I report? And if so to whom? The SRA or the ombudsman? And finally are they correct in saying that I wouldn't stand to receive any compensation as a result of my complaint?

Many thanks.

Stevie_Palimo

You say if had to chose between compo or a complaint you would go for the complaint then after this you are worried about compo !

You look at either here and if you are not worried about the money then go and make a complaint, They advised you that you would not get any compo and if you do it's a bonus, But you did say you don't want it over the complaint anyway so nothing to lose either way.

eshroom

Stevie_Palimo wrote: »

You say if had to chose between compo or a complaint you would go for the complaint then after this you are worried about compo !

I haven't quite said I'd choose complaint over compo, just that I would choose complaint over £100 compo. Had they offered the 50% I asked for, I would not be considering complaining.

I was hoping someone might have a better idea of exactly how improperly they acted and I am also interested to know where I should complain. They suggest the ombudsman but others have suggested the SRA.

marksoton

eshroom wrote: »

Had they offered the 50% I asked for, I would not be considering complaining.

"I think they need to improve their internal process and be held to account for their actions."

Well clearly the above statement has a price at which you're happy to not be bothered about their actions or internal processes...

Stevie_Palimo

eshroom wrote: »

I haven't quite said I'd choose complaint over compo, just that I would choose complaint over £100 compo. Had they offered the 50% I asked for, I would not be considering complaining.

I was hoping someone might have a better idea of exactly how improperly they acted and I am also interested to know where I should complain. They suggest the ombudsman but others have suggested the SRA.

If I had to choose between £100 or the SRA/ombudsman taking some form of disciplinary action against the solicitors, I would choose the latter. I think they need to improve their internal process and be held to account for their actions.

The above part contradicts this, In any event if you feel strongly then make a complaint to both.

eshroom

:wall: this forum is tiring at times. It used to be so good!

Stevie, I take your point and I will complain. And if no one can offer any insight as to who I should complain to, I guess I will have to complain to both.

Now, hopefully someone can offer some advice on the questions I'd like answering at some point:

- Who is best to complain to in this particular situation, SRA or ombudsman (what is the difference?)
- Are they correct in saying I would not qualify for any compensation as their actions did not result in financial loss?
- Am I crazy or was were their actions quite unacceptable for a paid legal representative of mine?

eddddy

eshroom wrote: »

- Are they correct in saying I would not qualify for any compensation as their actions did not result in financial loss?

Yes - they are correct.

But perhaps your major worry is whether your solicitor gave the buyer's solicitor that same incorrect information.

If they did, the buyer may have grounds to sue you for misrepresentation. If the buyer won their claim against you, you would then have a financial loss which you could claim from your solicitor.

davidmcn

eshroom wrote: »

I was aware of the risk, it was a calculated risk based on receiving honest and correct information from someone I had employed to protect my interests (my selling solicitor). It is a risk I would never have taken had this final step, the Deed of Variation, not been "agreed in principle".

Were your selling solicitors aware you were taking this risk in reliance on their statement of the current state of negotiations? If they were, then I would expect them to take more care than if they thought they were just giving you a general update on how things were going.

eshroom

davidmcn wrote: »

Were your selling solicitors aware you were taking this risk in reliance on their statement of the current state of negotiations? If they were, then I would expect them to take more care than if they thought they were just giving you a general update on how things were going.

No they were not aware.

lincroft1710

In effect you are saying :

"Give me back half of my fees or I shall report you!"

Sounds like potential blackmail to me.

eshroom

lincroft1710 wrote: »

In effect you are saying :

"Give me back half of my fees or I shall report you!"

Sounds like potential blackmail to me.

I wish members of this forum would sometimes be more helpful instead of picking things out and commenting on them, without knowing the full facts and without being asked for any advice about.

If you really want to know, in my complaint I hadn't asked for any compensation, I just went through their complaints procedure.

There was a long complaints procedure (the sale happened in September). During this time I was offered £100 as a "goodwill gesture". At the end of the complaints procedure, I told them £100 was not acceptable or proportionate given the inappropriate way in which they acted as my paid legal advisors.

They asked me what I would accept as a settlement, to which I replied I felt so let down I really just wanted a full refund, but would be prepared to compromise on 50%.

I don't see why I need to be explaining myself, if you want the full ins and outs and are willing to help and are a legal adviser, by all means I will send you the last 9 months of correspondence (yes the sale commenced in March, 9 months ago), otherwise please don't jump to conclusions and if don't you have nothing constructive to add, don't add anything at all.