The intricacies of property transactions demand an accurate and knowledgeable approach to ensure a seamless process. Conveyancers, entrusted with the legal aspects of these transactions, play a vital role in safeguarding clients’ interests when buying or selling.

However, when their actions or omissions fall short of the expected duty of care, it can lead to financial loss, legal disputes, and frustration for those seeking to buy or sell property. Understanding the nuances of these claims is essential for both clients seeking justice and conveyancers striving to uphold their professional obligations.

At Annecto Legal, we connect clients with the right professional negligence solicitors and dispute resolution team, as well as securing litigation funding for your negligence case. Our service is designed to ensure that any business or individual that has suffered a financial loss as a result of professional negligence has the best possible opportunity to find redress.

Examples of professional negligence from conveyancers

Professional negligence from conveyancers can take various forms, each with potential consequences for clients and property transactions. Listed below are some examples of situations that may constitute professional negligence by licensed conveyancers and conveyancing solicitors:

• Failure to conduct property searches: During the conveyancing process, various searches need to be conducted to identify potential issues with the property, such as environmental concerns, planning permissions, or outstanding debts. If a conveyancer fails to carry out these essential searches, the client may face unexpected problems and financial losses later.
• Inadequate title investigation: Conveyancers are responsible for investigating the property’s title and ensuring that it is free from any undisclosed restrictions, liens, or encumbrances. Negligence may occur if the conveyancer fails to identify existing issues with the property’s title, leading to complications for the buyer after the purchase.
• Missed deadlines: Conveyancers have to meet specific deadlines during the property transaction process. Failure to meet these deadlines can lead to delays, penalties, or even the collapse of the transaction.
• Incorrectly drafted documents: Errors in drafting contracts, transfer deeds, or other legal documents can lead to legal disputes or financial losses for the client.
• Failure to advise on legal implications: Conveyancers are expected to provide their clients with professional advice on various legal aspects of the transaction. Negligence can occur if the conveyancer fails to advise the client on issues like restrictive covenants, leasehold complexities, or other legal implications that could affect the property’s value or use.
• Breach of fiduciary duty: Conveyancers have a fiduciary duty to act in the best interest of their clients. If they prioritise their interests or those of a third party over the client’s, it can be considered a breach of fiduciary duty.

Time limits for professional negligence claims against conveyancers

As a general rule, the standard limitation period for professional negligence claims against conveyancers in the England and Wales is six years from the from the date of the alleged negligence. If the claimant only becomes aware of the negligence at a later date, the limitation period starts running from the date of knowledge.

Funding professional negligence claims against conveyancers

If you are pursuing a professional negligence case against a conveyancer, legal costs can escalate quickly. Therefore, it is essential that you are aware of the funding options that are available to you. Listed below are some of the options for funding a professional negligence case.

• Conditional fee agreements – Conditional fee agreements (CFAs), also known as ‘no win, no fee agreements’, are a type of funding arrangement that allows individuals to pursue a conveyancing negligence claim without paying legal fees upfront. Under a no win no fee basis, the law firm agrees to take on the case and only charges a fee if the case is successful. If the case is unsuccessful, the client does not have to pay these legal fees. 

• Contingency fee agreement – Some professional negligence solicitors may offer to take on a professional negligence case on a contingency fee basis, which means that they will only charge a fee if they are successful in securing a financial settlement or damages. The fee payable to the solicitor is usually a percentage of the amount recovered, and if the case is unsuccessful, the law firm will not charge a fee.

• After the event insurance – After the event (ATE) insurance is a type of insurance that can provide cover for legal costs in the event that a case is unsuccessful. This option can be particularly useful in cases where the outcome is uncertain, and the costs of losing a case could be significant. ATE insurance is often used with conditional fee agreements.

• Third party litigation funding – In some cases, third party litigation funders may be willing to provide funding for a professional negligence case in exchange for a percentage of any financial settlement or damages awarded. This option can be attractive for individuals who cannot afford to pay for legal fees themselves but have a strong case.

How can Annecto Legal assist?

At Annecto Legal, we assist claimants in finding the right legal representation and funding for pursuing a professional negligence against a conveyancer. With the right legal team, it is possible to put in place the appropriate litigation funding and insurance to take the case all the way to court, if necessary.

Of course, the preference is always to find a suitable settlement in a reasonable time frame, but the best way to achieve this is to negotiate from a position of strength. Having the best professional negligence lawyers and being fully funded gives you that strength and forces your opponent to the negotiating table.

Annecto Legal helps clients realise the value of their conveyancing negligence cases. We work with professional negligence solicitors who can provide the legal advice you require.

If you are in the process of suing a conveyancer or believe your conveyancer has been negligent and want to find out whether you can bring a claim, please contact Annecto Legal today. We can help find you the right representation, as well as managing your financial risks and sourcing funding for your legal fees.