16 replies to this topic

[FLD]

For those that don't know I'm having epic problems with a barn that has been built immediately opposite my house. Grrrr! The building has planning permission but this did not show in my searches. The search company (groundsure) use this disclaimer in their T's and C's

“Whilst Groundsure makes every effort to ensure that data is sourced from reliable providers, it is unable to ensure that the information is accurate, complete or up to date. Groundsure shall not be liable for any losses or damages incurred by the client or beneficiary, including but not limited to any losses or damages that arise as a result of any error, omission or inaccuracy in any part of the Groundsure Materials where such part is based on any Third Party Content or any reasonable interpretation of Third Party Content. If the existence or absence of a planning application, consent or similar may have a material impact with regard to the decision to purchase a property, the client or beneficiary should make independent thorough enquiries of the local authority.”

My solicitor outsourced the searches to groundsure and the search report comes back addressed to him. He did not perform any additional searches but instead wrote to me and 'drew my attention to the contents of the report'. Would I be right in thinking that the solicitor has been negligent? He has suggested that he is 'acting as my agent' therefore it's down to me.

I would welcome opinions on this one but preferably with some evidence / backup rather than just sue his ass.

[jonnyboy]

You won't be able to sue a solicitor. This groundsure have it sewn up and you'll find that your conveyancing solicitor will have a second layer of protection in their T&Cs. Its a pain in the arse but I would try to live with it and just enjoy the house. 

 

We made a dream move last year and there's a bit of damp. Hey ho. 

 

I don't think any amount of stress on your part will change what's happened.

[Dan r]

Basically they have covered themselves and explained they are useless.
Pay someone good money to do something, they clearly don't do it properly but because they explain they won't be responsible for mistakes there's nothing you can do!

Other than sending a package of poo to their office every day I don't think there's much that will bring you any joy from this.




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[slindborg]

Those are some slimy T's and C's... I'm amazed they get any work based on them

[NDT]

Suggest you get some independent legal advice.

If you could reasonably have assumed that your solicitor would carry out sufficiently rigorous searches to find the planning permission for the barn then surely you have a case.

Not sure how the solicitor can claim to be acting as an agent, unless you instructed them specifically to use Groundsure.

[fiveoclock]

Suggest you get some independent legal advice.

 

This. Just because it's in Terms and Conditions doesn't mean something cant be done about it. The law cant be dispensed with by someones T and C's

[Zoobeef]

I read those T&Cs and think I could set up a company saying I do searches but if I miss anything it's not my fault and then just sit at home and say I've done them.

[FLD]

It turns out they use a data mining bot to pull back info from the council website. This is automatically put into a stock report format and mailed out. Looks like s nice earner for someone with the skills.

[Nev]

Sad for you Matt. Half the fcuking world is like this sadly, assholes taking good money for a bad job and wiping their hands of it.

 

 

[jonnyboy]

When we were moving last year we had a nightmare or rather one of our three buyers did on their sale. 

 

Young couple. New build. Used builders solicitors. You can see where this is going....

 

Mineshaft missing somewhere in the front garden and now a marker that flags up a recommendation to do a "deep search" which reveals this detail on the basic searches. That couple are now trapped in a house that unless someone comes and doesn't do any searches they can never ever sell. All down to bent solicitors or at least they didn't present the couple with the results of the searches. 

 

I could write a lot bigger post on my frustrations over dealings with conveyancing solicitors over the years. I think it's an industry that's in dire need of hauling into the 21st Century. We found out that our Conveyancing was being carried out by an admin assistant not even a solicitor. One of the biggest irritations is how they manage to make a one day process stretch out over 8-10-12 weeks or more. 

[Ivor]

I've successfully complained about a solicitor, there Is a solicitors ombudsman sort of. I'd write to your solicitor, make it clear that you are unhappy with their work wrt the searches, they chose to outsource them so the buck stops with them. The search company should also belong to an 'accreditarion' body you can try them depending on what the solicitor comes back with. You have to give the solicitor a chance to reply to your complaint. Let me know if you want any contact details of who I chased who through and I'll send them to you, it was a few years ago.

[Ivor]

As I said previously, we got £27,000 out of a search company, through their insurers after complaining to the solicitor in the first instance

[Ivor]

Duplicate

Edited by Ivor, 07 August 2018 - 06:16 PM.

[FLD]

Thanks folks.

Ivor- would that be a formal complaint to the solicitor at this point or just a case of voicing my opinions?

[Ivor]

Thanks folks.

Ivor- would that be a formal complaint to the solicitor at this point or just a case of voicing my opinions?

Voice your concern at this time , you've paid for searches to be completed and the searches did not show up an extant and relevant planning application, request a reply within say 14 days and see what they say.

[Ivor]

Then the legal ombudsman:
It is a free service that investigates complaints about lawyers in England and Wales. The Legal Ombudsman was set up as a result of the Legal Services Act 2007 and took over from the Legal Complaints Service and other legal complaint-handling bodies. ... The Legal Ombudsman is a member of the Ombudsman Association.

[FLD]

Thanks.