Legal Question in Real Estate Law in United Kingdom
Flat purchase
We paid a solicitor for surveys and other checks, we were not informed if the property had sufficient sound proofing and NHBC cover. We have found out there isn't sound proofing and no NHBC cover. We are having problems rectifying the situation.
Can we sue our solicitor for misrepresentation?
1 Answer from Attorneys
Re: Flat purchase
A solicitor owes a professional duty of care to a client in conveyancing transactions and if he falls below what is generally accepted may be liable in negligence if the client suffers loss or damage. All solicitors are require to carry at least �2M worth of insurance to cover the cost of such a claim and in practice if you make a claim it will be dealt with by the solicitors insurers.
In order for you to decide if you have a claim you should ask the solicitor for your file before you notify the claim. As long as you have paid you Solicitors account for the work done most of the papers in your file belong to you and you should ask for them to be sent to you or you can collect them. Your file can then be reviewed and if necessary read by another solicitor to advise if you have a claim. If you successfully claim you should be able to recover most of the legal costs that you incur in bringing the claim.
You must bring the claim promptly.