Conveyancing and Property Negligence Claims

Duncan Lewis Professional Negligence Solicitors – Conveyancing and Property Negligence Claims

Conveyancing is a set process involved in the buying and selling of residential and commercial property – called property transfer – with an established timeline for completing each stage of the conveyancing process.

There are separate conveyancing procedures for England & Wales, Northern Ireland and Scotland.

It is the duty of a conveyancer – who may be a solicitor or a licensed conveyancer – to complete the process efficiently and to specific deadlines.

In England and Wales, for example, this would entail:

• Property Information Pack
• Draft contract
• Surveyor’s report
• Searches
• Exchange of contracts
• Money transfer
• Completion
• Land Registry registration.

If a licensed conveyancer or conveyancing solicitor misses a deadline, a property transaction might fall through – leaving a family without a home or a business without the premises it needs and possibly heavily out-of-pocket as a result.

Most conveyancing documents are now stored electronically, meaning that conveyancing should be faster and more efficient.

However, if there are delays to the conveyancing process – for example if searches turn up a planning application that might affect the property, or the property is a listed building and the deeds are hard copies – a conveyancer or solicitor should keep the seller or buyer informed of how their conveyancing is progressing, so they do not lose the property.

However, poor conveyancing, missing conveyancing deadlines – and in some cases, bogus conveyancers or poorly trained conveyancers – can soon make buying a dream property the ultimate property nightmare.

Duncan Lewis Professional Negligence Solicitors can advise on a wide range of conveyancing problems which may amount to professional negligence and the basis of a compensation claim, including:

• Conveyancer or solicitor who missed a deadline
• Conveyancer or solicitor who gave the wrong advice
• Disputes with conveyancing professionals
• Negligent conveyancing solicitors (eg failing to keep client advised of progress or problems with conveyancing, resulting in loss)
• Suing a solicitor or conveyancer for conveyancing errors.

Duncan Lewis professional negligence solicitors understand that for clients, the prospect of suing a solicitor or conveyancer who has already let them down can be a stressful experience.

Duncan Lewis offer professional negligence clients a supportive and expert claims service – including taking a tough approach to negotiating settlements with professionals who have let their clients down.

Making a Professional Negligence Claim

Clients who suffer financial loss or other loss as a result of a solicitor who is negligent should first make a complaint through the solicitor’s own complaints procedure.

The Legal Ombudsman can also adjudicate in cases where a solicitor is negligent in a matter relating to conveyancing and property transfer, but any compensation awarded may be modest.

Clients considering suing a solicitor for professional negligence have six years from the date of the event constituting negligence – or three years from the date they first realised negligence had occurred – in which to make a claim.

Funding for Conveyancing and Property Negligence Claims

Duncan Lewis offers Conditional Fee Agreement (CFA) funding to clients making professional negligence claims, with a fixed fee for the initial client meeting and assessment of the claim, so our clients know in advance what they will be paying.

If you are a homebuyer or commercial company whose solicitor or conveyancer has provided a negligent conveyancing service that resulted in loss to you, call Duncan Lewis Professional Negligence Solicitors for more information about making a compensation claim on 020 7923 4020.