Buying or selling a property can be a stressful experience, and the goal of instructing a conveyancer or conveyancing company will usually be to ensure the process goes as smoothly as possible. When things go wrong, professional negligence on the part of a conveyancer can lead to further stress as well as financial losses.
If your conveyancer or conveyancing company fails to deal with your legal transaction in a competent manner, you may be entitled to compensation. Conveyancers may be solicitors, legal executives or licensed conveyancers. If your claim has arisen in the last six years, we can help.
Case Study
Ms. H. had purchased a house with her partner of several years. The purchase was made in joint names and they jointly applied for and received a mortgage. In time, the couple decided to upsize to a more expensive property and they instructed the same solicitors who had dealt with the initial purchase of the property to deal with its sale and the purchase of the new property. Ms. H. left her partner to liaise with the solicitors on their joint behalf.
The first house was duly sold and the solicitors acting for the couple in the sale paid the proceeds of the sale into the couple’s joint bank account. Unbeknown to Ms. H., the second house was then purchased in the sole name of her partner using the money in their joint bank account. Whilst her partner had clearly defrauded her into thinking that the house was being purchased in joint names, the solicitors had been negligent to outward appearances. They should have checked the source of funds for the purchase of the second property, especially as they were aware from the initial purchase and the later sale of the first house that it was jointly owned. The solicitors ought to have made contact with Ms. H. to verify her instructions since she was also their client. The matter was referred to the Legal Ombudsman for a decision.
