Solicitor completed sale without requesting searches

Blacklabfluff

I moved house last May and within a few weeks, extensive building began 5 doors away. 

I had been in hospital when the sale exchanged and completed, but had been told via email and verbally that searches were back, everything was complete, and we were good to go.

In the coming weeks and months, I asked repeatedly for the searches, why I hadn’t received them or a summary report, and then submitted a formal complaint. My solicitor went silent.
in October I received searches dated four months after completion, obviously hoping I wouldn’t see the date.

I have badgered the solicitor and eventually yesterday, they admitted the searches did ‘not come in’ until four months after the completion date. I know searches don’t take six months but they insist searches were applied for during conveyancing. 

I have a mortgage on the property and they have declared to my bank that searches had been received. 

Has anyone experienced anything similar? 

Yes, I took my eye off the ball, but trusted a paid professional to do the conveyancing on my behalf. 

user1977

Did the searches disclose the development you're concerned about?

itsthelittlethings

I’d be very upset.

Boohoo

Blacklabfluff said:

I moved house last May and within a few weeks, extensive building began 5 doors away. 

I had been in hospital when the sale exchanged and completed, but had been told via email and verbally that searches were back, everything was complete, and we were good to go.

In the coming weeks and months, I asked repeatedly for the searches, why I hadn’t received them or a summary report, and then submitted a formal complaint. My solicitor went silent.
in October I received searches dated four months after completion, obviously hoping I wouldn’t see the date.

I have badgered the solicitor and eventually yesterday, they admitted the searches did ‘not come in’ until four months after the completion date. I know searches don’t take six months but they insist searches were applied for during conveyancing. 

I have a mortgage on the property and they have declared to my bank that searches had been received. 

Has anyone experienced anything similar? 

Yes, I took my eye off the ball, but trusted a paid professional to do the conveyancing on my behalf. 

What is the outcome you are hoping for?

You could of also done a search for any planning applications where your new home is but I know you paid the solicitor for this to be done.

As mentioned before did anything show up in the solicitor search dated 4 months after you moved in?

itsthelittlethings

Boohoo said:

Blacklabfluff said:

I moved house last May and within a few weeks, extensive building began 5 doors away. 

I had been in hospital when the sale exchanged and completed, but had been told via email and verbally that searches were back, everything was complete, and we were good to go.

In the coming weeks and months, I asked repeatedly for the searches, why I hadn’t received them or a summary report, and then submitted a formal complaint. My solicitor went silent.
in October I received searches dated four months after completion, obviously hoping I wouldn’t see the date.

I have badgered the solicitor and eventually yesterday, they admitted the searches did ‘not come in’ until four months after the completion date. I know searches don’t take six months but they insist searches were applied for during conveyancing. 

I have a mortgage on the property and they have declared to my bank that searches had been received. 

Has anyone experienced anything similar? 

Yes, I took my eye off the ball, but trusted a paid professional to do the conveyancing on my behalf. 

What is the outcome you are hoping for?

You could of also done a search for any planning applications where your new home is but I know you paid the solicitor for this to be done.

As mentioned before did anything show up in the solicitor search dated 4 months after you moved in?

It doesn’t matter. It’s worse than
negligent.

Emmia

How long is the "extensive building.5 doors away" going to last? If it's an extension, then probably only a few months.

If you were aware of this (by having a copy of  the searches) would you have purchased the property?

jimbog

Take a look at the planning portal of your council website to see if their building work is under ‘permitted development’

silvercar

Now that you have the searches is there anything in them that would have meant you pulled out of the purchase or renegotiated the price? 

If there is then things get interesting, if not then you are seeking compensation for the error- I would expect something in the region of a few hundred £. 

kinger101

Yes  the solicitor probably needs striking off if they lied about the searches.

But planning applications can go in at any time which you may not be able to reasonably object to.

I cannot see a consequential loss.

Blacklabfluff

Thanks everyone for your comments.

The building development is 5 bungalows away from me, 159 houses over a 2 year period. This began 1 week after moving in and it’s like living on a building site. 

And yes, the searches show the planned development.

im not after compensation. Would I have bought the property? I’m not 100% sure. But that’s not the point! I paid for a service and they have a duty of care.

interestingly, they have declared to the building society that searches had been carried out so are also in breach of their agreement. They’ve taken a real gamble with my money, in my opinion and what else could they have missed? 

Albermarle

kinger101 said:

Yes  the solicitor probably needs striking off if they lied about the searches.

But planning applications can go in at any time which you may not be able to reasonably object to.

I cannot see a consequential loss.

It will probably be impossible to prove that they deliberately lied, they will just say it was human error/got this sale mixed up with another one etc. Which is probably what happened anyway. Although they shouldn't have tried to cover it up. 
Would seem a bit harsh to strike off a solicitor and ruin their career, for what is most likely an unfortunate admin error, even if it was not handled very well. 
However I would be looking for some compensation.