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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:
swimster01 · 04/03/2020 15:13

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

MarieQueenofScots · 04/03/2020 15:14

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

Absolutely. Any advice I give should be corroborated - it’s a useful start point for a claim though.

I’m sure you agree that for your “advice” too...?

swimster01 · 04/03/2020 15:15

Good luck OP

MarieQueenofScots · 04/03/2020 15:20

amazighman

If you want some constructive (and correct....) advice, here’s what you should do:-

  1. Find the client care document you signed when you started your purchase - if you can’t find this, contact the solicitors and ask for a copy of the complaints process.
  1. In the first instance write a factual and emotionless complaint and ask for the file to be reviewed. Following the results of your complaint, if you’re not happy with their response you can contact the Legal Ombudsman who will review the entire case.
  1. Don’t have unrealistic expectations of what compensation (if any!) you are/will be entitled to.
PRL73 · 04/03/2020 15:52

As a property solicitor (I wish qualifying was as easy as “reading a few law books” Hmm )

@MarieQueenofScots has it spot on

Don’t be wary of a policy. To the lay person it does look like the easy way out when it comes to selling possessory title but how else is it meant to sell? We can’t magic up an upgrade Hmm

Yes, it’s an inferior class of title. Yes, you should complain about your solicitor. No, the property is not unsaleable and, I’m not a surveyor, but I would be surprised if the market value has changed much. If it has, then you have suffered a loss.

Original poster
amazighman · 04/03/2020 16:15

Thanks everybody for your advice...

Don’t have unrealistic expectations of what compensation (if any!) you are/will be entitled to

There is no law in this country then, if some solicitors ( apologies to honest ones) can scam people and all people can do is get an insurance policy to cover up the solicitors cock ups.

An absolute title is obviously the top and the concrete in buying and selling properties, possesory even with an indemnity policy will scare off many potential buyers.... There re plenty of properties for sale around... And a possesory title + insurance wont make mine stand out of the crowd.
I wish We stayed renting.... Less hassle

OP posts:
MarieQueenofScots · 04/03/2020 16:37

There is no law in this country then, if some solicitors ( apologies to honest ones) can scam people and all people can do is get an insurance policy to cover up the solicitors cock ups

You can’t seriously believe this inspire of all the advice you’ve thanked people for.

There absolutely is recourse I have literally explained how that works.

My point about unrealistic expectations is valid - hence why I asked earlier what you expect.

MarieQueenofScots · 04/03/2020 16:39

In addition, a possessory title isn’t always a massive issue. There’s no reason why it should adversely affect a sale - sure, some buyers will be put off but it isn’t automatically a barrier to a sale.

Original poster
amazighman · 04/03/2020 16:43

Thats fine..
I didn't have high expectations , just a bit shocked and dont really know what to say....all this is a bit too much for me.

OP posts:
FFSFFSFFS · 04/03/2020 18:15

You're getting some poor advice on this thread OP.

Call the Legal Ombudsman Service tomorrow and they'll be able to give you soon good advice.

MarieQueenofScots · 04/03/2020 18:17

Call the Legal Ombudsman Service tomorrow and they'll be able to give you soon good advice

The advice will be that before they will take a look at the case, it has to go through internal process first.

HugoSpritz · 04/03/2020 18:30

This reply has been deleted

Message withdrawn at poster's request.

Original poster
amazighman · 04/03/2020 18:44

I have not put it for sale yet, This title development has halted everything.
I will ring the legal ombudsman for advice.
My plan was to hire a professional to deal with my previous solicitor..
I have no mental strength and I dont even want to talk to them...

OP posts:
PRL73 · 04/03/2020 20:13

I understand your frustration and that you don’t want to speak to them but you really do need to exhaust the internal complaints procedure before the Ombudsman will step in.

Good luck

Campervan69 · 04/03/2020 21:12

I really cannot understand why you think it would affect the value of the property in any way.

You are making an absolute mountain out of a molehill

Original poster
amazighman · 04/03/2020 21:29

You are making an absolute mountain out of a molehill

I believe you ll feel the same if you didn't get what you paid for.

I spoke to a local solicitor who said that Yes it will affect the value of the property.

OP posts:
PRL73 · 04/03/2020 21:35

With all due respect to the solicitor you spoke to, a solicitor can’t tell you for sure if it’s going to substantially affect the value of the property. That’s not what we are trained in. Try speaking to an estate agent or surveyor for confirmation.

If the solicitor is correct then the firm who acted for you will need to contact their insurer

iMatter · 04/03/2020 21:52

I know you're not minded to trust lawyers at the moment but please do go and get some proper legal advice.

This thread is full of absolute horseshit and some really appalling "advice"

PRL73 · 05/03/2020 20:16

@amazighman how did it go today? Did you make any progress?

Original poster
amazighman · 05/03/2020 20:38

I am still waiting for a solicitor to contact me for advice hopefully this week or beginning next week.

OP posts:
VirtualHamster · 06/03/2020 19:22

The solicitors cannot act for the sellers too except in exceptional circumstances and you would have been made aware if they were acting for them.

I wouldn't count on it, we found out by accident that the solicitors we had appointed were also acting for the vendor

seriouslystumped · 06/03/2020 19:38

I'm a solicitor and agree with most of what @mariequeenofscots has said. The only thing I would say is be wary of going to the Legal Ombudsman because this may negate your right to bring a professional negligence claim (but please check this). Check any household insurance policies that you have to check whether you have legal expenses insurance, this may cover your legal fees (they usually appoint solicitors). It's been a long time since I did any professional negligence work, but I believe the measure of damages is the difference between the market value with full title and with possessory title on the day you you purchased it, but again, you need to check this. I would also suggest getting an indemnity policy, or paying for your buyer to get one.

PeppermintPasty · 06/03/2020 19:57

Can I just clarify something please? The same solicitors’ firm can act for both the seller and the buyer in a transaction as long as both parties agree, and as long as there is no conflict of interest in them doing so.

Original poster
amazighman · 06/03/2020 20:18

SeriouslyStumped

Thank you very much for your advice....We have legal cover with home insurance but the policy has a clause that it wont cover anything for the first 3 months as we only had it for couple of months now.

OP posts:
ElsieMc · 14/03/2020 09:45

I bought a vicarage which had not been registered and only effectively had possessory title. Statutory Declarations were provided and the Land Registry took a close look at the property and visited. They were pretty good because there was a double boundary wall beyond which was a strip of land with huge trees. They wrote and asked if we wanted to claim ownership and after deliberation we declined because of the potential cost of maintaining the trees.

Our neighbour who owns the private road always said it was theirs and that was fine as it does form part of their road in reality. It could have put them in difficulty.

The point I make here is that the Land Registry issued absolute title to us. As the solicitor said at the time, whose else was it? It was either the Churches or ours. He also said that such properties often have these difficulties. I am assuming yours is an unusual property op.

I think the problem with solicitors arises when they rely upon unqualified staff who they do not supervise adequately. Don't get me wrong, there are excellent conveyancers in legal firms but the buck stops with the managing solicitor.

I have worked as a conveyancer myself and recall a partner at another firm ringing me just prior to exchange of contracts on a property with a flying freehold. He had not noticed and was clearly embarassed when I mentioned it. My friend was asked to move her septic tank from nearby land six months after she completed. Again, careless conduct by the firm involved.

Op does have a point but needs to go back to the firm involved to ask them to correct this with an expectation they will meet the costs involved.