Failure to Register Property

When you buy a house, you trust your solicitor implicitly to deal with the legalities involved. What happens however if your solicitor gets it wrong?

The Problem… 

Our client bought a property and trusted his solicitor to carry out the appropriate checks to ensure a smooth transaction to ensure the property would be properly registered in his name. Our client obtained a mortgage and the funds were drawn down to pay the seller and to allow completion to take place. However due to the solicitor’s negligence, the appropriate searches were not carried out and a bankruptcy restriction was entered onto the property register against the seller, which meant that the property could not be registered in our client’s name.

How this affected the client…

Although the money had passed to the buyer, our client was left in the situation whereby he, for all intents and purposes, “owned” the property and was paying a mortgage for it, but was not officially the legal owner nor was his mortgage secured on the property. In addition to the entry of the bankruptcy restriction, our client’s solicitor also failed to redeem all the charges that were registered against the property relating to the buyer.

The Solution…

Our client contacted us to bring a professional negligence claim against his previous solicitor.  He wanted a resolution to a difficult situation, one which he had left him suffering from the negligence of his previous solicitor, and their failure to carry out proper and thorough searches and due diligence to ensure the successful completion and registration of the property into his name.

With our assistance and vast experience in these matters our client has managed to reach a settlement whereby the property can now be registered in his name, free of any charges and restrictions, and for his mortgage to be secured.