Liability of solicitors when their negligence delays completion of sales/chain

[oldnblue]

Hi,

My daughter is in the process of selling her house and buying a new property. I have learnt that a solicitor further down the sale/purchase chain has 'forgotten' to request monies from a building society.

This has delayed completion of the chain, resulting in personal loss, in terms of deposits for removals, and also fees for money transfers that will have to be called back and re-done at a later date.

My daughter will be unable to arrange a weekday off from her teaching job in the next week, due to school examinations, and will also be unable to arrange a day during May half-term, as she is booked to be away that week.

I feel that the solicitor 'at fault' here should be made to apologise, and recompense all affected parties in this affair, as the service that those parties are paying for is not only broken, but they are all going to be financially out of pocket.

Please advise on our course of action.

best regards
Olnblue

[des8]

Re: Liability of solicitors when their negligence delays completion of sales/chain

Hi and welcome.
Oh,the joys of house buying.... I feel for your daughter.
I think that in spite of your feelings, there is nothing to be done.
The solicitor, down the line, has no liability and owes no duty to anyone other than his client.

[oldnblue]

Re: Liability of solicitors when their negligence delays completion of sales/chain

Thanks, thats a quick reply,

but, not to mince words - thats a disgrace, people pay (a lot of) good money for the legal side of house buying. For there to be no redress , when a number of parties are affected is not acceptable. What other type of business has such a lack of accountability these days ?

I guess they drew the rules up for themselves, so the turkeys were not going to vote for their own Christmas !

Oldnblue

[dan_1207]

Re: Liability of solicitors when their negligence delays completion of sales/chain

Do you know if both parties used the Law Society's Conveyancing Protocol?

[dan_1207]

Re: Liability of solicitors when their negligence delays completion of sales/chain

Hi and welcome.
Oh,the joys of house buying.... I feel for your daughter.
I think that in spite of your feelings, there is nothing to be done.
The solicitor, down the line, has no liability and owes no duty to anyone other than his client.

They also owe a duty to the other side to the extent the contract provides.

[wales01man]

Re: Liability of solicitors when their negligence delays completion of sales/chain

Were contracts exchanged thought that only after this could anyone be liable?

[des8]

Re: Liability of solicitors when their negligence delays completion of sales/chain

They also owe a duty to the other side to the extent the contract provides.

?but does that extend to a person three links down the chain?

[Crazy council]

Re: Liability of solicitors when their negligence delays completion of sales/chain

?but does that extend to a person three links down the chain?

I think after the deposit is paid, yes they do... am not sure if its a responsibility or liability they are open to once the deposit is paid. IE, they can be liable for the costs of any unreasonable delay.... am not sure though dan-1207 would be better at understanding that.

[dan_1207]

Re: Liability of solicitors when their negligence delays completion of sales/chain

If the Law Society Conveyancing Protocol is used, then SCS 7.2 is engaged, which relates to compensation available if a delay in completion is suffered (either before of after). That's why it's important to know if the Protocol was used; the Law Society uses a standard contract incorporating the standard conditions of sale (fifth edition).

- - - Updated - - -

Were contracts exchanged thought that only after this could anyone be liable?

Correct; anything before is not legally binding. Anything after, then the buyer has an estate contract up until it's registered with HMLR with the seller holding the buyer's interest on trust.

[wales01man]

Re: Liability of solicitors when their negligence delays completion of sales/chain

Were contracts exchanged this would affect any claim the OP has not answered that?

[oldnblue]

Re: Liability of solicitors when their negligence delays completion of sales/chain

Were contracts exchanged this would affect any claim the OP has not answered that?

Sorry for the HUGE delay in responding... usual thing I guess, once the sale actually happens, everything is forgotten whilst you move in and get the place habitable ! And - I half expected this site to notify me if replies appeared, sadly not.

Anyway, contracts weren't exchanged because of the delay in money transfer. So no comeback it seems.

thanks anyway,
Oldn