Negligence Claims against Property Professionals

Have you been let down by a property expert?

In our lives, there are times when we need the help of an expert. Especially when it comes to property.

There are many professions specialising in the property industry, including architects, surveyors and solicitors. If you instruct one of these professionals, they owe you a professional and contractual duty of care.

When you hire a property professional, they are required to perform their service to a standard that you would expect from that of their peers in the same field of expertise.

Although generally everything goes smoothly, there are instances where property negligence does occur. If you believe the standard of service you received from a property professional was unacceptable, and this has resulted in financial loss, we understand how frustrating this can be.

If you find yourself in this situation, our team of experienced solicitors might be able to help you bring a property negligence claim against a professional. All initial calls to us are free and there is no obligation to proceed.

What is property negligence?

If you’ve been let down by a property professional, then you might have experienced property negligence.

If you are moving house, planning building works on your current home, or simply want to get a home survey conducted, then you might enlist the help of a professional. As part of their role in a specialist industry, they are required to deliver their service to a reasonable standard. If a property professional fails in this duty, you might have grounds to put forward a property negligence claim.

How do I know if I have experienced property negligence?

Property negligence is governed by the Supply of Goods and Services Act 1982. In every contract, it is implied that any professional will conduct the specified service with “reasonable skill and care”. In other words, a reasonable standard of work is expected, whether or not the contract explicitly states so.

If you hire a property professional who makes an error, this can have devastating consequences for you. If you then go on to suffer a loss because of the error or incorrect legal advice, this is seen as property negligence. As such, you might be able to bring a professional negligence claim against a property professional.

However, it’s important to note that you cannot bring a claim simply for bad service, as frustrating as that may be.

What professionals can I make a property negligence claim against?

You can bring a professional negligence claim against anyone you hire in a professional capacity. Some of the most common claims against property professionals include cases brought against the following:

Architects

Architects are highly skilled professionals specialising in the design and alteration of buildings. If an architect makes errors or omissions, you might have wide-reaching problems later down the line. For example, errors in architectural drawings can lead to dire consequences to the design and structure of a building. This can be very costly to fix.

If you’ve suffered losses due to architect negligence, you might be able to bring a claim.

Conveyancer

If you want to move house, you’ll need to find a competent conveyancer to carry out the deal. If errors are made by your solicitor or land searches are misinterpreted, you might end up suffering from financial loss.

If so, you might be able to bring a property negligence claim against a conveyancer.

Structural engineers

Structural engineers are specially trained to ensure that the architect’s designs are structurally sound and can support the weights and forces the build will be subject to. If a structural engineer makes errors, this can lead to costly defects including the sinking of the building. If defects in a building are found to be due to faulty calculations by a structural engineer, you might be able to bring a property negligence claim against them.

Surveyor

Normally, you will instruct a surveyor if:

• You want to assess the condition and value of a property
• You want to know if a property is of sound construction
• You have property management requirements

If you have relied on a surveyor to carry out any of these functions but have now suffered a loss, you might be able to bring a professional negligence claim against a surveyor.

Who can’t I claim against?

Unfortunately, we are unable to pursue legal action against the following.

• Property alterations – where there are product defects, faulty equipment or sub-standard fitting, you need to pursue a complaint with your local Trading Standards office
• Property developers – where there is defective build quality, you need to pursue a complaint under the terms of the warranty
• Property management companies – where there is a dispute with the level of service, you can apply to a tribunal – visit Gov.uk for more information
• Estate agents – if you wish to sue a letting agent for negligence where the agent is managing a property on behalf of a landlord, you can make a complaint to the Property Ombudsman

How do I know if I have a property negligence claim?

When you have hired a professional who has made errors leading to financial loss, you might be able to claim compensation. As there are so many ways in which a professional is deemed negligent, the best way to find out whether you have a claim is to get in touch.

As experts in property negligence, at Been Let Down we have experience in making these types of claims. To find out whether you could bring a successful property negligence claim for compensation, contact our SRA-accredited team of solicitors for an initial consultation.

How can I bring a property negligence claim?

If you are unlucky enough to experience problems due to faults by a property professional, you might be feeling frustrated and unsure of where to start.

Luckily, bringing a claim with us is simple. To get started, simply get in touch using our online form, call us on 0800 234 3234 or request a call back. When you reach out to us, we’ll put you in touch with one of our trusted experts who will be able to listen to your situation.

Once we have all the details of your case, we will advise on whether we think you have grounds for a claim. This is all part of your initial consultation, completely free of charge.

Then it’s up to you to decide whether you wish to proceed.

How much does it cost to bring a claim?

If you’ve already suffered from financial losses due to an incompetent professional, paying more money to bring a claim against them can seem frustrating.

That’s why we offer to take on most cases under a Conditional Fee Agreement, otherwise known as No Win No Fee.

This means that you won’t have anything to pay if you are unsuccessful in your claim. If you do win your case, which is expected with a No Win No Fee claim, then you will be charged a pre-agreed fee which is taken directly from your compensation.

How long do I have to make a claim?

The Limitation Act 1980 imposes statutory time limits when it comes to bringing negligence claims. This means that in most cases, you will have six years to bring your property negligence claim.

If you fail to bring a claim within this time limit, you may not be able to bring a case. If you believe you might have a property negligence claim, it’s important to contact us as soon as possible. You might risk your claim by delaying.

Here to help you make a property negligence claim

If you’d like to be represented by an experienced team of property negligence solicitors, you’ve come to the right place. Get in touch today to find out how we can help with your case for property negligence compensation.

Please call us on 0800 234 3234 or contact us via our online claim form and a member of our legal team will call you back.