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Conveyancing

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  • Conveyancing


    Looking for Advice – Conveyancing Concerns (Mining Report Not Reviewed)

    Hi everyone,
    I’m looking for some advice about a serious issue that has come up with a property purchase.

    A CON29M mining report already existed for the property, and it clearly showed historical mining activity. However, during the conveyancing process, the solicitor did not review this report and did not warn us about any of the risks linked to mining issues. We had no knowledge of these risks ourselves, so we relied completely on their professional guidance.

    Because we were not told about the potential impact of mining activity on value or future buyers, we went ahead with the purchase. Later, when a buyer pulled out, we discovered that the property has mine entries / mining concerns that were never explained to us. As a result, the property is now only suitable for cash buyers, and we are facing a significant financial loss (around £30k).

    This has caused a lot of distress, especially as the issue could have been avoided if the report had been properly checked and the risks explained.

    When we complained, the firm denied any wrongdoing and suggested taking the matter to the Legal Ombudsman.

    I’d be grateful for any advice on:

    Whether this would be considered negligence or poor service

    What evidence the Ombudsman usually looks for

    Anyone with similar experience

    What level of compensation might be realistic


    Thanks for your help.
    Tags: None

  • #2
    What's the timeline here please. How long ago did you buy?
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      This was early october the property purchase was complete

      Comment


      • #4
        is there anyone that could help?

        Comment


        • #5
          Is this right: you completed your purchase of this property in October 2025 and a buyer has since withdrawn?
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Guides and handbooks for Litigants in Person - :

          https://legalbeagles.info/forums/for...60#post1701560

          Comment


          • #6
            Yes, this is correct. The buyer withdraw as the property,is unmortgagable, due to the histotric mining exit. We can only sell to cash buyers. so will be selling it less the we brought it for.

            Comment


            • #7
              So you bought the house and are almost immediately selling it again? Why did you decide to sell again so soon after buying, as a matter of interest?

              When did you discover about the mining risks, or did the potential buyer who pulled out discover them from their searches?
              All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

              Comment


              • #8
                We brought the property cash. Our only line of defence was the conveyancer to explain us of any risks. We brought the property, to sell on for a profit. The buyer we were going to sell too pulled out last minute their mortagage company declined to give them a mortgage due to risks associated with the property. ( mortgage companys checks seem to be thorough) The property is only now suitable to sell to cash buyers. These a few and far between we are selling at a loss to protect as much of a our life savings as possible, as taking a chance to finding a better offfer is risky. So we are selling at a loss, loosing some of capital invested. Had we been adequately advised- this would have been completely avoidable, and we would have not brought the property. Avoiding the situation altogether

                Comment


                • #9
                  we found out after through the buyer that pulled out- thats when we did furthur seraches

                  Comment


                  • #10
                    Did you buy the property at an auction?

                    Comment


                    • #11
                      No, Through an estate agent

                      Comment


                      • #12
                        Did your solicitor obtain the report? If so, not reviewing it and advising you gives at the very least grounds for complaint.

                        You would appear to have grounds to investigate further whether there has been negligence. When instructing your solicitor did you inform him/her of your plans?

                        Did you wonder why you were able to buy the property so much cheaper than the price for which you were hoping to sell it on immediately?
                        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                        Guides and handbooks for Litigants in Person - :

                        https://legalbeagles.info/forums/for...60#post1701560

                        Comment


                        • #13
                          The property belonged to an elderley lady, who needed to sell her home, to pay for her care to go to nursing home, so needed the funds- ASAP. We didnt think furthur investigation was needed. It was a pre-exchanged property so we already had the CON29M mining report. This was a joint with other families, so I am unsure what exact conversations that occured. Our full trust was put in the professionals and expectatation was they would have the knowledge, and competency to at least, make us aware- as a basic of duty. I would be grateful for any advice on:



                          I’d be grateful for any advice on:

                          Whether this would be considered negligence or poor service

                          What evidence the Ombudsman usually looks for

                          Anyone with similar experience

                          What level of compensation might be realistic

                          ***What the basic requirements by law** from the conveyancers

                          Comment


                          • #14
                            What do you mean by "It was a pre-exchanged property so we already had the CON29M mining report"? Please explain that sentence in full detail.
                            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                            Guides and handbooks for Litigants in Person - :

                            https://legalbeagles.info/forums/for...60#post1701560

                            Comment


                            • #15
                              I meant, that that the contracts have not been exchanged yet so the sale was not legally binding.

                              Comment

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