Home is where the heart (ache) is
- AuthorDavid Rogerson
For the majority of people, a house is the most expensive thing they will buy. Not only will they invest significant sums in a deposit but also enter into long term debt. And that is ignoring the emotional attachment and stress created by the whole process.
So how do you think home owners feel when they decide to sell their property only to be told that there are problems with it? These can be problems that have existed for the whole time they have owned the property unaware of them such as a defective title, not actually owning the whole of the land or rights for neighbours over the land. Such problems can put off potential buyers or, in some cases, make the property unsaleable.
In many instances, these issues could and should have been picked up at the point of purchase such that the buyer could have decided not to proceed or the problems themselves be resolved.
In those circumstances, home owners may well have a claim for professional negligence against the solicitors who acted for them on the purchase. Even though this could have been many years previous, if the owner was not aware of the problem until they tried to sell up, such claims may still be pursued.
This is a growing area for Professional Negligence solicitors due to the poor conveyancing work undertaken over the years.
So what can you do? Firstly, when buying a property make sure you instruct a competent and experienced conveyancer. They are not necessarily the cheapest ones! Secondly, seek specialist advice on the potential claims arising from the problems that have now come to light. These problems may be easily rectified such that any agreed sale is not lost but sometimes the property has to come off the market until everything is in order.
If you have had issues with your property that should have been picked up or resolved when you bought it, contact us for advice on your potential claims and remedies.