Taking a conveyancer to small claims court

SmallClaimant123

Has anyone taken a conveyancer to small claims court?

They never investigated how extensive the roofing work done by the last seller was. It was in fact extensive enough that Building Control should’ve inspected/certified. 

So I have no certificate and must spend thousands to get the roof up to code - having paid the full asking price because I thought everything was ok (I was not an expert in Building Regulations and so left it up to them as professionals)

Should I get quotes for how much it will cost and then claim it back from the solicitor?

Robin9

What level of survey did you have ? It's only the surveyor who has visited site - the solicitor/conveyancer would be relying on that report and the answers to the questions that the seller made.

Hoenir

SmallClaimant123 said:

They never investigated how extensive the roofing work done by the last seller was. 

Some further background would be usefull. 

Keep_pedalling

How would a conveyancer know? They don't see the property. Did you have any sort of survey carried out on the property? 

AskAsk

it is your surveyor that should have done this, and not the conveyancer.  they deal with legal issues and not structural.

Miri_J

The conveyancer wouldn't know. My conveyancer made it very clear to me that she hadn't visited site so I had to be certain that everything matched the plans etc. In the end I pulled out of one property because I worked out that they hadn't complied with building regulations and I didn't want to take the risk.

However I was moving from one local authority area to another.  I spoke to my current local authority and they said as long as no one objected then no enforcement action would be taken.

Has anyone notified the LA? Do you have to do the work, or are you just worried that you might have to?

HouseMartin567

AskAsk said:

it is your surveyor that should have done this, and not the conveyancer.  they deal with legal issues and not structural.

Is it not between the two? Surveyor flags the work has been done and then the solicitor obtains copies of the correct certification?

theartfullodger

I've bought over my 77 years probably 20+ properties.  Never has a solicitor or conveyancer visited a property nor considered the sort of question you ask.

Done any education or training in buying/selling houses?  If not why not, please.

SmallClaimant123

Robin9 said:

What level of survey did you have ? It's only the surveyor who has visited site - the solicitor/conveyancer would be relying on that report and the answers to the questions that the seller made.

Level 2 survey - which had photos of a full set of brand new roof tiles, the text in the “roof” section talks of new roof tiles said how the conveyancer needed to obtain any relevant certification. 

But because the seller said the roof was “repaired” they seem to have assumed it meant a bloke on a ladder changed a few slipped tiles

SmallClaimant123

HouseMartin567 said:

AskAsk said:

it is your surveyor that should have done this, and not the conveyancer.  they deal with legal issues and not structural.

Is it not between the two? Surveyor flags the work has been done and then the solicitor obtains copies of the correct certification?

Exactly. The solicitor just assumed there was only a small amount of work done in spite of a whole section of the Level 2 report saying how all roof tiles were new

SmallClaimant123

Hoenir said:

SmallClaimant123 said:

They never investigated how extensive the roofing work done by the last seller was. 

Some further background would be usefull. 

Unbeknownst to me, if over 50% of roof tiles are new then Building Control need to be informed. The seller had the whole roof re-tiled but never had it inspected. I was not aware that building regs applied and was not advised on this by the solicitor