Articles tagged with: solicitors

Solicitor Negligence – Can I Make a Claim?

Most people will require the services of a solicitor at some point in their lives. Maybe you need to draft a will? Maybe you require solicitors’ services for family or business matters? You might need help with a contract, or maybe you need to file a personal injury claim? There are lots of reasons why you might need to use a solicitor.

Whatever the need you have, you would always hope that the solicitors act in a professional and knowledgeable manner. After all, solicitors are regulated and are required to act in accordance with the regulations at all time. And besides that, a solicitor has a duty of care to their clients. Solicitors are required to act in a certain way, and the majority of the time they meet very high standards of professionalism.

solicitor negligence

But what if your solicitor has not acted in this way? There are times, where for whatever reason, the advice or services provided by a solicitor have not been satisfactory. Solicitor negligence can have devastating effects. As a result, the client may suffer loss or damage due to the errors made or incorrect advice give. But what should you do when these mistakes have already occurred?

When you’ve lost your time, lost out financially, or even emotionally, what should you do next? If you think you’ve been treated in a way that wasn’t professional, the next step is to consider making a solicitor negligence claim.

Can I make a claim?
Here are some examples of circumstances where you may be able to file a solicitor negligence claim:

  • Your solicitor has missed limitation dates (limitation dates are the time limits imposed where legal proceedings should be commenced by)
  • While drafting a will, the solicitor has made mistakes causing loss to the client
  • Poor advice was given regarding ownership or title of a property
  • The solicitor has not given proper advice regarding a commercial lease
  • The correct advice was not given regarding building regulations, planning permission or other matters relating to property
  • A personal injury claim was not settled properly, resulting in loss to the client
  • The solicitor has not secured witnesses needed to support a claim you’ve made – either civil or criminal, when they could have done
  • You feel that the solicitor has not behaved in a professional manner, and you have ended up having to pay the cost or court fees. As a result of not paying fees, you may have even ended up with a CCJ or bailiffs becoming involved in the matter.
  • Your solicitor has sued the wrong party (this is more common than you might think)

These are some of the commonly made errors by solicitors which lead to solicitor negligence claims. Obviously, there are more situations where you may feel it’s appropriate to make a claim. Due to the nature of the business, when you feel you have not received an adequate level of service from your solicitor, it can be very damaging and emotionally distressing. If for any reason you feel that you have not been treated in a fair or professional manner, or that mistakes were made due to negligence, we would highly recommend you seek legal advice, as you could possibly make a claim for solicitor negligence.

Commercial Solicitors Manchester- Gazundering and Gazumping Information

You may not have heard of gazundering and gazumping before, especially if you haven’t dealt with buying and selling a property. However, these are two very real issues when it comes to property ownership transfer. These are two terms which commercial solicitors Manchester are too aware of as they are regular problems that tend to crop up during buying or selling of properties. In this article, we are going to discuss these two issues and how an excellent team of commercial conveyancing solicitors can help you avoid them.

commercial solicitors manchester

So, what is Gazumping?
Your conveyancing lawyer in Manchester will be able to explain what gazumping is, but if you are yet to hire one, this guide will quickly shed some light.

Once the price of a commercial property has been verbally agreed between the seller and the buyer, it’s then the responsibility of the conveyancing lawyer to do their research, surveys and pre-contract investigations. After that, the seller’s legal team will create a contract which the lawyer hired by the buyer will have to approve. There are other tasks that the two parties have to complete before the official exchange of ownership happens and the contract becomes legally binding.

It is during this period before the official sale where gazumping occurs. This tends to be a worrying time that can last up to 12 weeks. It is particularly worrying as there is no legally binding contract in place to make the sale certain. Since no legal documents have been drafted or rather signed, gazumping can happen and you as the buyer has very little to do about it.

Gazumping, by definition, is a situation where the seller abruptly raises the asking price of the property at the last moment. That means that the buyer has no choice but to accept the new price or cancel the deal. Another situation that can be referred to as gazumping is when a seller suddenly decides to sell to another party, usually at a higher price.

And what about Gazundering?
Well, this is almost the entire opposite of gazumping, and a common practice in the United Kingdom’s housing market. Gazundering is when the buyer demands a lower price, usually at the last moment. This happens before the lawyers complete their surveys and contracts and the seller has no option but to accept the new offer or cancel the deal.

How to Avoid Gazumping and Gazundering
Gazundering and gazumping are not very common practices, but they can happen when you least expect. If a seller pulls this move, it can be disastrous, especially if you didn’t put it into account.

One of the best ways to avoid these practices is to ensure that you have the best commercial solicitors Manchester has to offer on your side. The faster everything is done, the lesser the chances of gazundering and gazumping occurring. This gives both the seller and buyer less chance to get cold feet, and less time to think about raising or lowering their offers.