Understanding Conveyancing Negligence
Conveyancing negligence occurs when a solicitor or conveyancer fails to perform their duties to the required professional standard, causing loss or harm to their client. Such failures can lead to significant financial loss and legal complications for property buyers and sellers.
Recent years have seen a significant increase in professional negligence claims with solicitors and conveyancing negligence claims accounting for a significant proportion of all claims. Our professional negligence lawyers have recently written another article on the “Increase in Professional Negligence Claims in the UK”. It should be noted that 50% of all professional negligence claims arising from failures in conveyancing work with the indemnity payments from insurers amounting to £770 million in the period 2004 to 2024.
If you believe you have been affected by conveyancing negligence, contact our expert professional negligence lawyers for a Free Consultation at 0207 459 4037 today or complete our online booking form for a call back.
What You Need to Prove for a Successful Professional Negligence Claim
To succeed in a professional negligence claim, you must prove the following elements:
- Duty of Care: Establish that the solicitor or conveyancer owed you a duty of care. This is typically straightforward in a conveyancing relationship as solicitors and conveyancers owe their clients a duty to act competently and diligently.
- Breach of Duty: Demonstrate that the solicitor or conveyancer breached this duty by failing to meet the required standard of care. This can include errors, omissions, or substandard advice.
- Causation: Prove that the breach of duty directly caused you harm or loss. You must show that you would not have suffered the loss if the solicitor had performed their duties correctly.
- Loss or Damage: Quantify the financial loss or damage suffered as a result of the negligence. This can include direct financial losses, additional expenses, and sometimes damages for distress and inconvenience.
Gathering strong evidence and expert testimony is crucial in proving these elements and succeeding in your claim.
Common Examples of Conveyancing Professional Negligence
Failure to Identify Property Defects – Negligence can occur when a conveyancer fails to spot structural defects, boundary issues, or other significant problems. Example: A buyer purchases a property only to find severe structural issues that were not disclosed by the conveyancer. This oversight can lead to expensive repairs and a substantial decrease in the property’s value.
Inadequate Title Investigation – Negligence includes failing to detect existing mortgages, rights of way, or legal restrictions that can affect the property. Example: A solicitor fails to identify a right of way across the property that significantly impacts the buyer’s use and enjoyment of the property.
Incorrect Advice on Lease Terms – Negligence can happen if a solicitor fails to explain onerous terms or renewal conditions that could financially burden the buyer. Example: A conveyancer neglects to inform a buyer about a clause requiring significant renewal fees every 10 years, leading to unexpected financial obligations.
Failure to Carry Out Proper Searches – Solicitors must carry out necessary searches to uncover any potential issues such as environmental risks, planning permissions, and local authority charges. Example: A conveyancer fails to perform a flood risk search, and the buyer later discovers that the property is in a high-risk flood area, leading to significant insurance costs and potential property damage.
Mismanagement of Funds – Solicitors are responsible for handling client funds properly. Mismanagement can lead to financial loss for the client. Example: A solicitor mismanages the client’s funds, causing delays in the transaction and financial loss due to additional interest payments on a bridging loan.
Steps to Take if You Are a Victim of Conveyancing Negligence
Discovering that you have been a victim of conveyancing negligence can be daunting and distressing. However, by taking the right steps, you can address the issue and seek compensation for your losses:
- Gather Evidence: Collect all relevant documents, including correspondence, contracts, property searches, and reports.
- Seek Legal Advice: Contact our expert professional negligence lawyers at Go Legal for a Free Consultation at 0207 459 4037 or book a consultation through our online booking form today.
- Calculate Your Losses: Quantify financial losses, such as repair costs, diminished property value, and additional expenses.
- Initiate Legal Proceedings: If a satisfactory resolution is not reached, we may need to file a claim in court.
What are the Limitation Periods for Conveyancing Professional Negligence Claim?
In England and Wales, the limitation period for bringing a professional negligence claim is generally 6 years from the date of the negligence or 3 years from when you first became aware of it. This is governed by the Limitation Act 1980, which states:
“An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.”
Act promptly to avoid being barred from making a claim.
Remedies Available for Conveyancing Professional Negligence
If you have suffered due to conveyancing negligence, there are several remedies available to address your losses and rectify the situation. Understanding these remedies can help you take appropriate action and seek the compensation you deserve:
- Compensation for Financial Losses: Recover costs for repairs, diminished property value, and other related expenses.
- Rectification of Errors: Legal mistakes corrected, such as title registrations or contractual terms.
- Negotiated Settlements: Resolve disputes through mediation or negotiation.
- Court Awards: Receive damages from the court to cover financial losses and additional compensation for distress.
Successful Awards for Compensation in Conveyancing Professional Negligence Claims
| Case Name | Summary | Outcome | Amount Awarded |
| Dreamvar (UK) Ltd v Mishcon de Reya [2018] EWCA Civ 1082 | Solicitors failed to verify the seller’s identity, resulting in a fraudulent transaction. | Solicitors held liable for the client’s loss. | £1.1 million |
| Purrunsing v A’Court & Co [2016] EWHC 789 (Ch) | Insufficient due diligence leading to a fraudulent transaction. | Conveyancers found negligent and liable for the loss. | £470,000 |
| Lloyds Bank plc v Markandan & Uddin [2012] EWCA Civ 65 | Failure to ensure seller’s solicitors had authority to act. | Solicitors held liable for not verifying the authority. | £150,000 |
| Bacciottini v Gotelee and Goldsmith [2016] EWCA Civ 170 | Failure to advise on a planning restriction impacting property value. | Damages awarded for the difference in property value. | £100,000 |
| Minkin v Landsberg [2015] EWCA Civ 1152 | Failure to adequately advise on risks associated with property use. | Solicitors found negligent for not providing comprehensive advice. | £200,000 |
| Joyce v Bowman Law Ltd [2010] EWHC 251 (Ch) | Failure to inform of an adverse right of way. | Solicitors ruled negligent for not conducting thorough investigations. | £37,700 |
If you recognise any of these scenarios in your own experience or believe you have suffered due to conveyancing negligence, it is crucial to seek legal advice. Contact our expert negligence lawyers for a Free Consultation at 0207 459 4037 or via our enquiry form to discuss your case and explore your options for compensation.
Claim for £75,000+ – Successful Professional Negligence Claim
Our professional negligence lawyers successfully acted for a construction company that purchased the freehold of a property located in London. However, the conveyancing solicitors acting in the property purchase failed to properly alert our client and advise that there were restrictive covenants which significantly affected the freehold reversion value of the property.
Our lawyers were instructed by the construction client and successfully settled the professional negligence claim during the pre-action phase as the insurer’s solicitors sensibly admitted liability early without court proceedings having to be issued by our client.
The claimant client left the following feedback for our professional negligence lawyers:
“Very satisfied with the way that Karim and his team took hold of a messy conveyancing professional negligence claim, and progressed it through to an amicable settlement in just over 6 months. Professional, courteous, knowledgeable, and also pragmatic with advice and strategy. I would not hesitate to recommend.”
Winning Approach to Conveyancing Professional Negligence Claims
Our negligence lawyers have successfully dealt with professional negligence claims ranging from £50,000 to claims of up to £15m. We pride ourselves on our client-centric and results-driven approach, tailoring our litigation strategies and funding solutions to meet the unique commercial needs of each client.
Our professional negligence lawyers are recognised among the best lawyers in England & Wales, and have regularly been asked and featured to write authoritative articles in the Financial Times, Law Society and LexisNexis and have been quoted in City AM, the New Law Journal, Law Society Gazette and Litigation Futures.
Our specialist professional negligence team is Partner-led to provide straightforward, honest and strategic advice. We also have a strong legal network of solicitors, barristers and forensic accountant experts to call upon and advise you throughout to ensure you get compensation for the loss suffered.
Our unique approach to professional negligence claims against lawyers means that we will:
- Arrange a Free Consultation with you & a qualified lawyer to discuss your negligence claim
- Arrange a WhatsApp group with you & your legal team
- Investigate the merits of your negligence claim & create a strategy for success
- Work with our in-house accountants to report all losses
- Send documents easily through our secure client portal, Go Transfer
- Advise you on any judgments & tactics that have proved successful in other professional negligence claims against solicitors
- Assess the amount you may be able to recover from the negligent lawyer
- 24/7 chat feature with a qualified lawyer
- Fixed fees and “no win no fee” arrangements so that you have peace of mind
- Work hard to recover adequate compensation.
Our professional negligence solicitors offer regulated, independent & confidential legal advice and are dedicated members of the Professional Negligence Lawyers Association, the London Solicitors’ Litigation Association, the Association of Cost Lawyers, the Insolvency Lawyers Association and the Commercial Litigation Association.
Mediation in Professional Negligence Claims
Alternative dispute resolution, where suitable, provides many advantages for parties in legal disputes including claims for professional negligence against solicitors. Our lawyers are strong advocates for mediation, which can often lead to favourable settlements without having to go to Court.
Several of our negligence lawyers are trained mediators and expert negotiators who are registered members of the Chartered Institute of Arbitrators (CIArb) and the International Mediation Institute. Our expertise in mediation gives our lawyers a significant and unique advantage when navigating settlement discussions on your behalf.
FAQs Conveyancing Professional Negligence Claims
What constitutes conveyancing negligence?
Conveyancing negligence involves errors or omissions by a solicitor that fall below the standard of a competent professional, leading to financial loss or other harm to the client.
How much compensation can I claim for solicitors negligence?
Compensation amounts vary based on the extent of the loss incurred. It can cover direct financial losses, additional costs, and sometimes damages for distress and inconvenience.
Can I claim if the conveyancing negligence occurred several years ago?
Yes, provided it is within the limitation period of six years from the negligence date or three years from when you became aware of it.
How do I prove conveyancing negligence?
You need to demonstrate that the solicitor owed you a duty of care, breached that duty, and as a result, you suffered a loss. Evidence such as correspondence, contracts, and expert testimony can support your claim.
Free Consultation with Expert Conveyancing Professional Negligence Lawyers with 98% Success Rate
Conveyancing negligence can have serious consequences, but understanding your rights and the steps you can take to seek compensation is crucial. By following the outlined steps and consulting with a professional negligence expert, you can address any losses you have incurred and rectify the situation. Our experienced lawyers are here to guide you through the process and ensure you receive the compensation you deserve.
Please call our expert lawyers today for a Free Consultation at 0207 459 4037 to discuss your negligence compensation claim today.
