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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I recently completed on the purchase of a property. the

Resolved Question:

I recently completed on the purchase of a property. the completion was delayed after exchange of contracts on account of a mistake made by my solicitor - so essentially myself, my wife and my 4 children were homeless for two days having sold our own property but being unable to complete on account of this mistake. Could you please advise what reasonable expenses we should be able to claim and what redress is available to us if these expenses are refused? the solicitors in question have admitted responsibility
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your enquiry and am sorry to hear what happened. Could you please give me a little more information as to the nature of the mistake? Could you also please let me know where you and your family stopped for those 2 days and what other losses you incurred?

I look forward to hearing from you.

Kind Regards

Al

Customer: replied 1 year ago.
HI Aston,thanks for the prompt responseEssentially what happened is that we purchased a new build property using a mortgage from a company called Metro bank. When Metro bank completed the original survey the property was still under construction and so within the mortgage offer they stipulated a requirement to re-inspect the property, prior to exchange and subsequent release of funds. On Thursday 30th June we exchanged contracts with a completion set for the 6th July.I received a call from our mortgage provider on the 5th July advising me of this requirement, which unfortunately they were not prepared to waive and they could not book a surveyor until the Thursday (7th July). The net result of this is we had to continue with the sale of our own property on the 6th July but could not complete until Friday 8th July.In the interim we had to move to accommodation (a hoeseasons caravan park) some 70 miles away, had to place all our possessions in storage, bin all of our freezer food, rebook removal men and miss a couple more days of work (myself and my wife) than anticipated (we are self employed). we also incurred interest charges from the sellerMy view is that I should also be able to reduce the legal fee the firm has provided.
Expert:  Aston Lawyer replied 1 year ago.

Hi Paul,

Thanks for your reply. Well, firstly, I can confirm that your Solicitors have been negligent, in that they should have been aware of the need for Metro Bank's Valuer to re-inspect, and should therefore have agreed a completion date far enough head to accommodate this.

Therefore, you are entitled to claim compensation from your Solicitors for all the loss you have incurred directly from the delay in completion, as well as of course any interest you had to pay to your Buyer. You have more or less answered yourself what you are entitled to claim for- loss of earnings/accommodation fees/storage costs/loss of frozen food/additional removal fees. As well as these specific losses, you should also be entitled to a level of general damages for the inconvenience it caused you and your family- (I can't put an exact figure on this, but is likely to be approx. £250).

All Solicitors have to have a complaints procedure in place, and you should request this and then follow the set procedure. You will of course have to provide evidence to them of your losses, and you may want to do this straight away, when requesting (in writing) their complaints procedure.

If, at the end of the complaints procedure, you are not happy with the outcome, you are entitled to take your complaint to the Legal Ombudsman.

I hope this assists you and sets out the legal position.

If I have helped, please don't forget to rate my answer.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks very much - good to know I am on the right track!!