Hopefully this is something
you will never have to deal with when using a conveyancer, if you follow the
previous posts instructions it should help avoid having to complain about your chosen
conveyancer.
Step one - write to
your case handler or email them the issue you are unhappy about.
I would recommend that you first have a conversation with
the person in the firm who is dealing with your case first. Email them as it is
best to have a written record of your discrepancy to fall back on if first
contact about the complaint is not successful.
If you are not
getting anywhere with the case handler
If the case handler isn’t dealing with your
discrepancy as you would like it to be dealt with then ask to speak the manager
or owner or if the firm is large enough the complaints manager. Refer the
emails you have sent to your case handler and ask him to intervene. Go through
the complaint with the manager/owner or complaints manager.
Usually at this stage the complaint will be resolved.
The last
resort if you are still not getting anywhere.
Solicitors/conveyancers are regulated by either
the SRA (Solicitors Regulation Authority) or the CLC (The Council for Licensed Conveyancers). Once you have established which one, then you can go to their website. You
should only contact these regulators if all else has failed with the discussions you’ve
had with the firm itself .
Solicitors are made to take out a professional indemnity
insurance to cover any financial loss due to negligence. If the fault could not
be resolved and you’ve contacted the regulator, the case could be then referred
to the Legal Ombudsman who will look at the case and make a decision if there
is negligence on the solicitor’s part.
If it is found that the firm was to blame for any
financial loss, a claim will be made on the firm’s professional indemnity
insurance so that any financial loss you suffered is paid back to you.
This final stage isn’t a fast process as files and
evidence will need to be reviewed before any decisions are made.
In some circumstances the solicitor/conveyancer will decide to rectify the issue themselves after you've told them you will contact the regulator, as the regulators could impose further penalties. Also the firm will be contacted by the regulator and asked to supply files, case records, etc. This is very time consuming so the regulator will give them another opportunity to come to terms with you before taking the case on themselves.
In some circumstances the solicitor/conveyancer will decide to rectify the issue themselves after you've told them you will contact the regulator, as the regulators could impose further penalties. Also the firm will be contacted by the regulator and asked to supply files, case records, etc. This is very time consuming so the regulator will give them another opportunity to come to terms with you before taking the case on themselves.
Our next post will be about searches,
what they are and what implications they could have on your purchase or even sale .
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