Expert Professional Negligence Lawyers in London with 98% success rate
When you hire a letting or estate agent to handle your property, you expect them to act in your best interest and provide professional services. However, sometimes these agents can make mistakes or act negligently, causing financial loss or damage to your property. In such cases, you may have grounds to sue the letting or estate agent for professional negligence.
If you believe you have been a victim of professional negligence by a letting or estate agent, take the first step towards seeking justice. Contact our expert professional negligence lawyers today for a Free Consultation on 0207 459 4037 or through our online booking form below.
What is Professional Negligence?
Professional negligence is a type of legal claim that arises when a professional fails to perform their duties to the required standard, resulting in harm or loss to their client. In the case of letting and estate agents, this means that they have not fulfilled their obligations to you as their client, and as a result, you have suffered financial loss or damage to your property.
To prove professional negligence, you must show that the agent owed you a duty of care, that they breached that duty, and that the breach caused you harm or loss. This can be a complex process, and it is recommended to seek legal advice from our expert professional negligence lawyers to determine if you have a case.
Duty of Care for Letting and Estate Agents
Letting and estate agents have a duty of care to their clients, which means they must act in their best interest and provide professional services. This includes:
- Providing accurate and honest information about the property and its value
- Conducting thorough background checks on potential tenants or buyers
- Ensuring all necessary legal documents are in order
- Acting in a timely and efficient manner
- Keeping their clients informed about any developments or changes
If an agent fails to fulfil these duties, they may be considered negligent and liable for any resulting harm or loss.
Examples of Professional Negligence by Letting and Estate Agents
There are many ways in which letting and estate agents can act negligently, resulting in harm or loss to their clients. Some common examples include:
- Failing to conduct proper background checks on tenants or buyers, resulting in damage to the property or unpaid rent
- Providing inaccurate or misleading information about the property, leading to financial loss for the client
- Failing to disclose important information about the property, such as structural issues or previous disputes
- Not following proper procedures for handling deposits or rental payments, resulting in financial loss for the client
- Failing to keep the client informed about important developments or changes, such as a change in tenancy or a dispute with a tenant or buyer
Have you suffered financial loss or property damage due to the negligence of a letting or estate agent? Our dedicated team of professional negligence solicitors in London is here to help you navigate the legal process and seek the compensation you deserve. Call us for a Free Consultation now on 0207 459 4037 and explore our flexible funding options to pursue your claim effectively.
Regulation of Estate Agents in England and Wales
The estate agency industry in England and Wales is regulated by various legislations and regulatory bodies to ensure that agents operate in a professional and ethical manner when providing services to clients. These regulations aim to protect the interests of consumers and maintain high standards within the industry. The legislative framework for the regulation of estate agents in the UK includes:
- Estate Agents Act 1979: The Estate Agents Act 1979 is a fundamental piece of legislation that governs the conduct of estate agents. It requires estate agents to hold a valid license issued by a designated licensing authority. The Act sets out obligations for estate agents, including the duty to act in the best interests of clients, provide accurate information, and handle client money appropriately.
- Property Misdescriptions Act 1991: The Property Misdescriptions Act 1991 prohibits estate agents from making false or misleading statements about properties they are marketing. Estate agents are required to ensure that the information they provide, such as property descriptions and advertising material, is accurate and not deceptive. This Act safeguards buyers from misleading information and promotes transparency in property transactions.
- Consumer, Estate Agents, and Redress Act 2007: The Consumer, Estate Agents, and Redress Act 2007 introduced important regulatory changes to the estate agency industry. It made it mandatory for estate agents to join an approved redress scheme, such as the Property Ombudsman or the Property Redress Scheme. These redress schemes act as independent intermediaries to resolve disputes between agents and consumers, providing consumers with recourse in case of professional negligence or misconduct.
- Code of Practice: Regulatory bodies, such as the National Trading Standards Estate and Letting Agency Team (NTSELAT), issue a Code of Practice for estate agents in England and Wales. Estate agents are required to adhere to this code, which sets out standards and obligations related to ethical conduct, consumer protection, and the handling of client funds.
By complying with these legislations and adhering to the Code of Practice, estate agents contribute to maintaining trust and confidence in the industry. Consumers can have confidence that estate agents are accountable for their actions and have recourse through redress schemes if they experience professional negligence or misconduct.
It is important for individuals engaging with estate agents to verify that the agent holds a valid license, complies with relevant legislation, and is a member of an approved redress scheme. This provides assurance that the agent operates within the established regulations and has mechanisms for addressing consumer grievances.
How to start a Professional Negligence claim against Estate Agents
If you believe that your letting or estate agent has acted negligently and caused you harm or loss, there are several steps you can take to pursue a professional negligence claim.
Gather Evidence
The first step is to gather evidence to support your claim. This may include any documents related to your property, such as contracts, rental agreements, or correspondence with the agent. You should also keep a record of any financial losses or damage to your property that you have suffered as a result of the agent’s negligence.
Seek Legal Advice
It is recommended to seek legal advice from our expert professional negligence lawyers who have extensive experience in handling cases against letting and estate agents. Our lawyers can review your evidence and advise you on the strength of your case and the best course of action to take.
File a Regulatory Complaint
Before taking legal action, our lawyers will consider the merits of filing a complaint with the letting or estate agent’s governing body or professional association, as explained above. This can help to resolve the issue without the need for litigation and may result in compensation or a settlement.
Consider Mediation
If the estate agent is willing to resolve the issue, we will consider mediation or other alternative dispute resolution options. This involves a neutral third party helping both parties come to an agreement. It can be a more cost-effective and less time-consuming option than going to court. Alternative dispute resolution, where suitable, provides many advantages for parties in legal disputes including professional negligence claims. Our lawyers are strong advocates for mediation, which can often lead to favourable settlements.
Several of our 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 negligence lawyers a significant and unique advantage when navigating settlement discussions on your behalf.
File a Legal Claim for Professional Negligence
If all other options have been exhausted, our lawyers will consider starting a professional negligence claim against the letting or estate agent. Our expert professional negligence lawyers will help you prepare your case and represent you in court.
Remedies in Professional Negligence Claims against Estate Agents
When pursuing a professional negligence claim against an estate agent, there are various remedies available to address the losses suffered. These remedies aim to provide redress for the harm caused by the agent’s negligence including:
- Financial Compensation: One of the primary remedies is to seek financial compensation for the losses incurred. This compensation aims to reimburse the claimant for any financial harm resulting from the agent’s negligence, such as monetary losses or damages to the property.
- Specific Performance: In certain situations, claimants may seek specific performance as a remedy. Specific performance requires the estate agent to fulfil their obligations under the contract properly. This remedy may be pursued when compensation alone is insufficient to rectify the harm suffered.
- Rescission of Contract: Claimants have the option to seek rescission of the contract with the estate agent if the agent’s negligence renders the contract voidable. Rescission aims to cancel the contract and restore the parties to their original positions, as if the contract had never been entered into.
- Injunctive Relief: In cases where monetary compensation may not fully address the harm caused by the negligence, claimants may seek injunctive relief. This remedy aims to prevent the estate agent from continuing their negligent behaviour or taking certain actions that could further harm the claimant’s interests.
- Rectification: Claimants can pursue rectification as a remedy if the estate agent’s negligence has resulted in errors or omissions in the provided services. Rectification seeks to correct these mistakes and ensure that the claimant receives the services they were entitled to.
- Punitive Damages: In exceptional cases involving severe negligence or intentional misconduct, claimants may seek punitive damages. These damages go beyond compensating the claimant and aim to punish the estate agent for their actions, acting as a deterrent against similar behaviour in the future.
Our team of dedicated solicitors is experienced in handling professional negligence claims against estate agents and can provide personalised guidance on seeking the most appropriate remedies for your situation.
If you have been affected by professional negligence by an estate agent and are seeking remedies for your losses, please don’t hesitate to contact our professional negligence lawyers for a free consultation on 0207 459 4037. We are committed to helping you pursue the compensation and justice you deserve.
Case Example – Successful Professional Negligence claim
Our professional negligence lawyers 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 negligence lawyers were instructed by the construction client and successfully settled the 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 Professional Negligence Claims
Our lawyers have dealt with 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 the best result.
Our unique approach to professional negligence claims means that we will:
- Arrange a Free Consultation with you & a qualified lawyer to discuss your property negligence claim
- Arrange a WhatsApp group with you & your legal team
- Investigate the merits of your claim & devise a strategy for success at the outset
- 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 property negligence cases
- Assess the amount you may be able to recover from the negligent professional
- 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 lawyers 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.
Expert Professional Negligence Solicitors in London
Suing a letting or estate agent for professional negligence can be a complex and challenging process. However, if you have suffered financial loss or damage to your property as a result of their negligence, you may have grounds for a lawsuit. By gathering evidence, seeking legal advice, and following the necessary steps, you can hold the agent accountable for their actions and seek compensation for your losses.
We provide flexible funding options including fixed fees and “no win no fee” arrangements to pursue your professional negligence claim. Whether you are an individual or a business, we provide exceptional legal services to get you the compensation you deserve quickly and cost-effectively.
To book a Free Consultation with our expert professional negligence lawyers, you can call us on 0207 459 4037 or you can use our booking form below.
