Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Conveyancer negligence

110 replies

amazighman · 03/03/2020 21:48

Hi.
This my first post and sadly It is a negative one.
Has anyone had experience with dodgy conveyancers?

We think we have been misled by our previous conveyancer , They told us in the search letters that house was with an absolute title , However We recently found out that the property only had a posessory title .
We would not have bought it if we were told the truth about the title....

Thanks in advance

OP posts:
Original poster
amazighman · 04/03/2020 12:13

And to add insult to injury the previous owners only had a possesory title

OP posts:
MarieQueenofScots · 04/03/2020 12:29

Does it mention in the title information document why the title was possessory?

Original poster
amazighman · 04/03/2020 12:29

No

OP posts:
Original poster
amazighman · 04/03/2020 12:30

I dont have any original deeds or anything... Just online copies from land registry

OP posts:
MarieQueenofScots · 04/03/2020 12:32

I dont have any original deeds or anything... Just online copies from land registry

It may well be something simple such as original deeds lost.

I would get an indemnity policy in place in case you do decide to sell.

Original poster
amazighman · 04/03/2020 12:44

My question is why they didn't tell us that the house has not got an absolute title... We then would have had a thought and see whether to pull out or to proceed with an indemnity policy?

OP posts:
MarieQueenofScots · 04/03/2020 12:46

My question is why they didn't tell us that the house has not got an absolute title... We then would have had a thought and see whether to pull out or to proceed with an indemnity policy?

Nobody can answer that, obviously.

It might be negligent. It might be a genuine error through documentation. It might be deliberate misleading.

You can’t change that. What you can do is make a plan to move forward.

Original poster
amazighman · 04/03/2020 12:48

Just suck it up and live with it i guess

OP posts:
Original poster
amazighman · 04/03/2020 12:50

Always thought that solicitors have a duty of care and should provide customers with best possible advice...
As things stand they can mislead people and get away with it.... In a nutshell next time I hire a solicitor I have to hire another solicitor to check what the first one had done just to make sure

OP posts:
ChicCroissant · 04/03/2020 12:54

I wouldn't pay two lots of legal fees because of this, I would ask the original conveyancer to cover the cost of the indemnity policy though, OP.

MarieQueenofScots · 04/03/2020 12:58

Just suck it up and live with it i guess

Why are you not listening? Nobody has said that, there a processes to follow.

You’re obsessed with the idea of them “getting away with it”.

Follow the advice, contact the solicitors but in the meantime take an indemnity policy to remedy the defect in title for when you want to sell.

cupoftea84 · 04/03/2020 12:59

OP you've clearly been told how to sort it so get on to the conveyancer about them buying you a policy.
If they were a solicitors firm you can complain to the Law Society and the Solicitors Regulation Authority.

swimster01 · 04/03/2020 14:01

Well, I've bought three houses in my lifetime, and in two cases have had to mop up after negligent conveyancers (neither were online and were reputable firms).

In both cases, I went back to those conveyancers so they had to sort it out. Another option is to check your legal expenses cover on any insurance policies - note that they will need to take over the claim though, so you can't claim on your insurance and then also address it directly with the conveyancer.

I'd be wary about the indemnity policy - it doesn't resolve the situation and is an easy way out for the solicitor. A buyer may not be happy to accept it.

Original poster
amazighman · 04/03/2020 14:20

I'd be wary about the indemnity policy - it doesn't resolve the situation and is an easy way out for the solicitor. A buyer may not be happy to accept it

Thats what I m worried about....

OP posts:
MarieQueenofScots · 04/03/2020 14:23

amazighman

What would you LIKE to happen?

MarieQueenofScots · 04/03/2020 14:24

The indemnity policy isnt an easy way out for the solicitor, it’s a measure of going towards creating a fuller title whilst you sell and decide whether you want to take further action against the solicitor.

Northernsoullover · 04/03/2020 14:28

marie OP wants them tarred and feathered clearly.

Campervan69 · 04/03/2020 14:31

I'd be wary about the indemnity policy - it doesn't resolve the situation and is an easy way out for the solicitor. A buyer may not be happy to accept it

This is just ridiculous advice. It's the only way a possessory title property can be bought and sold and is really standard. That are all sorts of reasons why a house might be registered with possessory title only but it's no reason not to proceed with a purchase.

fluffyrice · 04/03/2020 14:37

I understand your frustration OP but I think getting them to pay for an indemnity is the best you will be able to do for now. I (foolishly) used a conveyancing company linked to the Estate Agents when I bought by last house and their report to me stated that the house would be purchased with absolute title. It was only when I tried to sell that I found out I did not have absolute title (due to a missing document from about 100 years ago, so unlikely to be found). The original conveyancer must have know about this but my new solicitor's advice was that my best option was to buy indemnity insurance (which luckily the buyer accepted in the circumstances). I could have tried to claim the cost from the conveyancer and/or make a complaint but they were adamant that they would 'definitely' have sent an updated report and I must just have lost it (and conveniently it was outside the period for which they needed to keep records of reports etc.

Raindancer411 · 04/03/2020 14:37

Go back to conveyancers firm and ask why this was never picked up. Do you have any of the old paperwork. They are insured so if anything, they should cover the cost of any indemnities

swimster01 · 04/03/2020 14:53

How rude to say my advice was ridiculous?

Not all buyers would accept an indemnity policy - OP indicates she wouldn't and neither would I.

The focus should be getting the solicitor to resolve the underlying issue. If that cannot be done, then a possible solution would be an indemnity policy PLUS any loss incurred by OP as a result of reduction in market value.

Original poster
amazighman · 04/03/2020 14:54

All paperwork is available .
Fluffy rice thanks for your input thats exactly same what Happened with us... Luckily we found out about the problem early before they are allowed to get rid of files after 6 years limit.

OP posts:
MarieQueenofScots · 04/03/2020 14:55

The focus should be getting the solicitor to resolve the underlying issue. If that cannot be done, then a possible solution would be an indemnity policy PLUS any loss incurred by OP as a result of reduction in market value

Are you a solicitor? You’re not giving the best advice.

swimster01 · 04/03/2020 15:03

Ha, if all solicitors knew what they were doing, OP wouldn't be on here asking for advice.

Anyway, wind your neck in - OP asked for advice and opinions - I've got real life experience of having to sort these issues out with "solicitors". You don't get that by reading law books.

MarieQueenofScots · 04/03/2020 15:12

Ha, if all solicitors knew what they were doing, OP wouldn't be on here asking for advice

And you giving incorrect advice is the best solution.

Anyway, wind your neck in - OP asked for advice and opinions - I've got real life experience of having to sort these issues out with "solicitors". You don't get that by reading law books

Did you just lambast someone for being rude....?

I was a conveyancer for a number of years. I also worked as part of a team that staged Law Society interventions so have experience in handling complaints and advising on the best way to proceed in cases of negligence.

Actual advice based on training and numbers of cases. Not having had two bad experiences.

Swipe left for the next trending thread