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Negligent solicitor and compensation
annab83
Posts: 3 Newbie
Hi,
I was wondering if anyone had a similar experience. We bought a flat over 3 years ago with 3 separate titles for share of freehold, leasehold and separate garage. We put the flat on the market few months ago and quickly got an offer while we also found our dream home. Offers got accepted and everything was progressing well until we received queries from the buyers to realise that the garage title has never been registered in our name. We contacted the previous solicitors who then contacted previous owners' solicitor to try to resolve this. It did get resolved eventually after 5 weeks which I know is very quick because it can take months however even after we got resolved our buyers pulled out just before the exchange because they found somewhere else to buy.
We're lucky enough to have received another offer on the flat and will be able to keep the dream home however the offer is few £k lower than the previous buyers' so we can either accept the loss or lose the dream home.
Does anyone has any experience suing the solicitor for professional negligence? The buyers admitted they pulled out because it took too long to resolve the legal matters and I would like my previous solicitor to cover the loss. It's a difficult decision but we're desperate not to lose the house we want to buy but think the solicitors should cover at least part of the loss as the failed sale would not have happened if they did what they were being paid for.
I would really appreciate if anyone could share their experience and if you know any companies that have dealt well with similar claims.
Thank you!
I was wondering if anyone had a similar experience. We bought a flat over 3 years ago with 3 separate titles for share of freehold, leasehold and separate garage. We put the flat on the market few months ago and quickly got an offer while we also found our dream home. Offers got accepted and everything was progressing well until we received queries from the buyers to realise that the garage title has never been registered in our name. We contacted the previous solicitors who then contacted previous owners' solicitor to try to resolve this. It did get resolved eventually after 5 weeks which I know is very quick because it can take months however even after we got resolved our buyers pulled out just before the exchange because they found somewhere else to buy.
We're lucky enough to have received another offer on the flat and will be able to keep the dream home however the offer is few £k lower than the previous buyers' so we can either accept the loss or lose the dream home.
Does anyone has any experience suing the solicitor for professional negligence? The buyers admitted they pulled out because it took too long to resolve the legal matters and I would like my previous solicitor to cover the loss. It's a difficult decision but we're desperate not to lose the house we want to buy but think the solicitors should cover at least part of the loss as the failed sale would not have happened if they did what they were being paid for.
I would really appreciate if anyone could share their experience and if you know any companies that have dealt well with similar claims.
Thank you!
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Comments
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You can ask but you'd probably be throwing good money after bad if you took it to court, buyers can pull out for any reason, they could have waited after all and the previous solicitor probably can't be held to account for their unwillingness to hang on a couple of weeks (and maybe that was just a convenient excuse). Plus, it was your decision not to wait for another buyer at the original or a higher price.0
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I doubt you'd be able to demonstrate any real loss. The original transaction might have fallen through for countless other reasons. What if the new offer had been higher than the original?0
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How about if the buyers confirmed in the email that due to these legal issue they've lost their patience and found somewhere else to buy? The house we were supposed to buy is very unique with lots of bespoke features and we can't find anything similar in any way and the agreed price was good. It went on the market for more and last time they had 5 offers within a couple of days so it won't stay on the market for long. It's either the loss we take or we'll have to find another house...0
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They have indeed but it was due to the delay of the legal process and the lack of any deadline when the issue will be resolved. They have admitted to us this was the reason and I should be easily able to get them to admit this in writing. We couldn't exchange because the garage wasn't in our name, if it was we would have exchanged and completed weeks ago.0
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How about if the buyers confirmed in the email that due to these legal issue they've lost their patience and found somewhere else to buy? The house we were supposed to buy is very unique with lots of bespoke features and we can't find anything similar in any way and the agreed price was good. It went on the market for more and last time they had 5 offers within a couple of days so it won't stay on the market for long. It's either the loss we take or we'll have to find another house...
What if you find another house which is even better?
It's too tenuous. Either their negligence has caused your property to be (objectively) worth less, or you've had to spend money remedying the conveyancing error. And they've done the latter.0
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