Solicitor Negligence Claim - PropertyBlawg

Problems with Your Property Transaction: Your Solicitor Negligence Claim

by Tim Bishop on December 3, 2013

Property transactions can involve an incredibly complex process and they usually involve a significant amount of money – which is why every year in the UK, people ask for advice from specialist solicitors to help them with their property needs. Unfortunately, there is always scope for human error to occur during this process, and therefore, mistakes do sadly occur – which could be the fault of the solicitor you hired to guide you through the transaction. While it is human to make mistakes, it can often be an incredibly stressful time – legal disputes are never pleasant, your home might be on the line, and if you have family members to think about, you’ll want the issues sorting out as soon as possible. So when can you claim professional negligence against a solicitor you hired to help you with a property transaction? And where do you even start? Here’s a brief guide to a solicitor negligence claim in the UK.

What Constitutes Solicitor Negligence When It Comes To Property Transactions?

Unfortunately, as it is such a complex area of law, there are many things that can go wrong during a property transaction, and if anything results in you suffering a financial loss, then you could the right to make professional negligence claim against your solicitor. But what constitutes negligent behaviour when it comes to a property transaction? The reasons include – but aren’t limited to – the following:

• failing to advise properly with regards to leases and tenancy agreements

• mistakes when extending a lease on residential property,

• licensing issues (for commercial property),

• errors with land registration,

• mistakes made with regard to rights of way or property boundaries,

• failure to spot mistakes on property titles or ownership,

• failure to listen or to follow a client’s instructions,

• failure to advise properly on rent reviews

In short, if your solicitor has either done something incorrectly, or failed to do something at all which has resulted in a foreign loss for you – you could be eligible to claim financial compensation from them.

How To Start With Your Solicitor Negligence Claim

Once you’ve decided that you’re eligible to make a negligence claim against your solicitor, you’ll need a new solicitor to guide you through the process.

While it can be difficult to trust another member of the legal profession after something like this has happened, there are solicitors and law firms out there who specialise in professional negligence claims against other solicitors.

The good news, is that, unlike many other professionals, solicitors are required to have a very high level of professional indemnity cover – with all solicitors having at least £2 million worth of insurance.

Carry out some online research and find a solicitor who has taken on similar cases to yours in the past, and don’t be afraid to ask them questions about their experience before deciding on them. You have to feel like you can trust them, and they’ll understand that as well.

Other Property Negligence Claims

Of course, it may not have been the negligence of your solicitor which has left you out of pocket; negligence claims can also be made against other property professionals, including architects, surveyors, estate agents and financial advisers. If this is the case, you will also need a solicitor who specialises in professional negligence to represent you.

Tim Bishop is senior partner of Bonallack and Bishop – specialist professional negligence solicitors. For expert help with suing solicitors, or with any other property or legal negligence claim, call them on 01722 422300 or to find out more, why not visit their specialist website at


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