LEGAL UPDATE: solicitor's negligence on property searches


When you buy a property, your conveyancing solicitor should carry out searches to check whether there are any proposed developments nearby. If a solicitor fails to carry out the searches, or if they do not tell you what the searches reveal, you could have a claim against them for negligence. 

The recent case of Orientfield Holdings Limited v Bird and Bird LLP has again underlined the importance of detailed attention being given to the results of searches in residential property transactions.

In this case, the purchaser of a property in London was disappointed when he discovered that there was proposed development for a school site nearby, for 1400 special needs children. The purchase price of the property was £25.75 million.

The claimant won against his solicitors, as the solicitors had failed to communicate details of the search carried out which had revealed the potential development. The solicitors had carried out the searches correctly. However, they had failed to tell their clients what they had found. 

Has a solicitor failed to tell you about a development near your property? Or perhaps you have discovered other problems with your property since you moved in, which your solicitor or the seller ought to have notified you about?

At Samuels, we have many years of experience of bringing claims against solicitors for negligence of this type. 

We will assess your matter initially for free. We also understand that you may not have the funds available to pay our fees up front, and if you have a strong claim, we will discuss our flexible funding options with you, which can include no win no fee (conditional fee) arrangements. 

Contact us today for a free no obligation discussion about your matter. 

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