Solicitors - Warranties inaccurate
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Your solicitor or licensed conveyancer should provide a high standard of service and has a duty to act in your best interests.
When buying or selling a property they should advise you whether warranties are needed and if they are, should draw up any warranty agreement accurately.
If you have a concern relating to warranties, your first step should be to speak to your solicitor and give them a chance to put things right.You should know
- All solicitors in the UK and Wales are governed by the Solicitors Regulation Authority (SRA) which sets codes of conduct and quality.
- All firms must adhere to high standards of practice and comply with rules and regulations.
- If the issue is not resolved after 8 weeks, your case can be forwarded to the Legal Ombudsman Service.
- The Legal Ombudsman will either deal with your case or direct you to the SRA if appropriate.
- These rights are for England & Wales only.
Helping the company to resolve your issue
To help the company resolve your issue either phone the company using the resolver iPhone or Android App, or email them and explain clearly what happened, how you would like to resolved.
Give the company time to respond, the speed at which companies responds varies but Trading Standards recommends to allow 14 days to expect a response. resolver will record all your communications and remind you what to do.
Making a complaint
If the issue is not resolved, you can make a complaint to your solicitor via resolver. Include copies of any relevant documents or correspondence and notes or recordings of any calls. Explain your issue and what you want them to do about it.
You should request a copy of their firm’s complaints procedure and ask who will be dealing with your complaint.
If you are not satisfied
If your solicitor does not resolve your complaint within 8 weeks, you can refer your complaint to the Legal Ombudsman. The Ombudsman deals with complaints regarding poor service by solicitors.
You can export your resolver case file as a package including copies of the correspondence and supporting documents that you have uploaded. You should ask the lawyers permission before you send recordings of phone calls.
Depending on your case and their findings, the Legal Ombudsman has the power to order the lawyer to refund fees, to return documents or to pay compensation.
Is there a deadline for contacting the Ombudsman?
Make sure you contact the Ombudsman within six months of receiving the final response from your solicitor. resolver will remind you when to escalate your case.
Your final option
If your solicitor is in breach of their professional standards, has discriminated against you or has acted dishonestly, you can take your case to the Solicitors Regulation Authority (SRA). The Ombudsman can advise you on whether your case should be referred to the SRA.
You will need to fill in a copy of their complaint form and send them a copy of your resolver case file. If your complaint has been reviewed by the Ombudsman you should include a copy of their findings and any other supporting documents. The SRA will investigate your case and has the power to impose fines or even to close a firm. However they cannot issue compensation.
Taking legal action
If you believe your solicitor has acted negligently you can take them to court and if you are successful you may be entitled to compensation. You should seek legal advice from a lawyer specialising in professional negligence cases.
Be aware you cannot take your solicitor to court if you have already accepted a decision from the Ombudsman.
If you need advice
If you need any assistance or guidance regarding your issue you can contact Citizens Advice on 08444 111 444 or the Legal Ombudsman’s helpline on 0300 555 0333.
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