Solicitor made mistake in sale info any comeback

david1951

You should be able to find a solicitor willing to sit down with you for 1/2 hour to see if there is a case here. They would be able to go through your conveyancing documents (you did keep these?) and tell you if the solicitor might be liable.

I doubt we will get any further on this thread!

G_M

think the babe is having a nap.

stator

Start an official complaint with the solicitor in WRITING, saying what resolution you require.

G_M

stator wrote: »

Start an official complaint with the solicitor in WRITING, saying what resolution you require.

This is premature (unless OP has more knowledge than we do in which case why start the thread?)

As yet we have seen no clear evidence that the solicitor did anything wrong.

TBagpuss

OP, in orderto asses whether your solciitor or conveyancer did naythign wrong you would need to look at exactly what was said, and what dosumetns were provided, and when.

If the solicitor sent you the lease orthe other flat, told you that they were likley to be the same format (which isn't quite the sameas saying they would be exactly the same terms) then then later on sent you the correct lease to check, then they probably are not liable.

If they sent you the lease for the other flat, and told you that yours was exacgly the same, and didn't later send you the correct one, then they probably are liable.

If (as is normally the case) they sent you the documents and asked you to check them then then probably are not liable.

Did you at any time specifically ask them to check the position with egard to parking?

There is also the possibility that they are not liable (i.e. you wouldn't be abl to cliam from them for the difference in value between a flat with parking and one without) but that you may have a valid complaint for poor service, if they didn't communicate effectively.

Another issue is what if any loss you have suffered. If the flat was appropriately priced for a flat without dedicated parking, then you haven't lost out as a result of the error/misunderstanding. If you paid a premium for parking then you have aquantifiable loss and the question is whether that is down to negligence by the conveyancer or whether it is your own fault

londonbabe73

Hi
Apologies for the delay it is confusing but basically I asked my solicitor the question do I have the right to park via email and was told in writing yes you do , I now know this is not the case and today funnily enough have received a letter from the owner of the car park asking me to remove my car which I basically have no option but to do so as it's not their fault . I'm just annoyed that when I bought the flat as far as I was aware I had parking , if I had known that there was no parking I wouldn't have bought it as I'm a car driver and I don't really want my car on the road as it's an inconvience to me . Also the value of my flat has dropped 5-7k because there is no parking. But what really annoys me is that the flat downstairs which is rented out gets 2 spaces and I who basically maintains the building keeping it tidy, unblocking the drains , weeding the outside as the landlord does nothing gets sod all . I just didn't want to get into this situation with another leasehold. This was because my solicitor who is paid to do all these checks didn't bother to do her job properly why would I check further if my solicitor told me I had parking I had no reason to ? .... I know it's a first world problem but it's going to cause me a lot of problems. Oh joy never mind .

G_M

37 posts.

Most of them asking much the same question.

Yet you come back with a single paragraph repeating what you've already said.

and ignoring the question.

No one can help further (though some may try further guessing).

londonbabe73

GM the solicitor told me I had parking via email when I asked and they attached the plan , when I queried that it said for the downstairs flat I was told in writing the leases are the same which now it has come to light they weren't. When I bought it the sale info didn't have any info about parking which is why i asked the solicitor , the person I bought from didn't have a car, and this didn't use the space.

G_M

londonbabe73 wrote: »

GM the solicitor told me I had parking via email when I asked and they attached the plan , when I queried that it said for the downstairs flat I was told in writing the leases are the same which now it has come to light they weren't. When I bought it the sale info didn't have any info about parking which is why i asked the solicitor , the person I bought from didn't have a car, and this didn't use the space.

Good grief!

WHAT PLAN?

Hoploz

Based on what you've said ... This plan (whatever plan it may be) had 'downstairs flat' written on it, and as you were not buying the downstairs flat you then brought this up specifically, I'd say your solicitor was negligently lazy in responding that all the plans would be the same.

However, since you had seen the flat and the number of parking spaces actually present, and the plan you saw stated on it that they both belonged to the downstairs flat, it would have been prudent to follow up with a second question along the lines of 'but how can it be the same when the parking spaces seem from this plan to belong to the downstairs flat so where are my parking spaces located?'

But as I said earlier, yes, it's certainly worth challenging the solicitor on this. Their insurance could well cover the down valuation due to their lack of attention to detail.