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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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I engaged Country Wide Conveyancy Services for the sale of

Resolved Question:

I engaged Country Wide Conveyancy Services for the sale of my property and the purchase of another property. In October 2013 l sent a cheque for £400 for the searches l also paid £175 for the new property to be surveyed. The search team took so long to complete that my chain collapsed the end of December 2013 it was re-established beginning of January 2014 but on the 17 January the searches still had not been completed and the owner of the propety l was buying wouldn't wait any longer and took her house off the market.
On the 4 February 2014 l received from Country Wide Conveyancy Services the last search 3 weeks after the deal had been called off.
Can l claim the the money that l have paid out, surveyors fee and search fee total £575 from Country Wide Conveyancy Services for failure to provide a service.
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

I will described each point in detail:
1. The Law
- If someone provides you with a professional services there is an implied term that they will provide this with reasonable care and skill;
- This is contained in the Supply of Goods and Services Act 1982 S.13.

2. The facts;
- You informed the Conveyancer of the deadlines you had;
- On that basis they would have been required to submit the search in a timely manner (not complete it);
- If they failed to submit the search in a timely manner then they may be negligent and in breach of S.13.

3. The Remedy;
- Breach of S.13 is a contractual breach and therefore you would be entitled to claim all losses that are a naturally occurring consequence of the breach;
- The problem you have is you need to find out if they submitted the searches in a timely manner. They can submit the searches but will have no control over how quickly they are done as the searches themselves are done by the Council, Environment Agency etc. Therefore they will only be in breach of S.13 if they did not submit the searches in a timely manner. You therefore need to find out on what date the searches were submitted.
- If they are in breach I would consider the following action:
(i) Write to them and demand compensation;
(ii) If they do not pay you can start county court action here www.mcol.gov.uk;
(iii) I would also suggest you make a complaint to trading standards and the regulators for licensed conveyancers - www.conveyancer.org.uk/ and www.tradingstandards.gov.uk/‎


I look forward to hearing from you.

Kind regards

AJ
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