Just as with other professionals, Solicitor’s negligence can arise in a variety of ways and common occurrences are within conveyancing transactions where the solicitor has failed to report to a client who is purchasing a property on a significant aspect(s) relating to the title of the property.
This can lead to inadequate rights of way to a property, absence of planning consent / building control, failure to report on restrictive covenants relating to use of property or on a prohibition against subletting in a right to buy purchase, or failing to verify that NHBC or similar guarantee was provided in a new build purchase are some examples and if you feel that you have a potential claim against a solicitor it is advisable to seek advice at an early stage.
In some circumstances, the matter may be resolved by the solicitors’ internal complaints procedure.
As with Negligence lawyers, Surveyors negligence often arises within the context of a property transaction and may involve failure by the Surveyor to:
- Report on major structural defects to a prospective purchaser
- Ascertain the presence of Japanese Knotweed which is reasonably identifiable from a site inspection
- Undervaluation / Overvaluation of property.