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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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whilst conveyancing on a property brought in 2004 our solicitor

Resolved Question:

whilst conveyancing on a property brought in 2004 our solicitor failed to inform us or make as aware that had a cesspit. 8 years on he now says he did not need to inform us of this? Do we have a legal case. Cost of emptying it is over £900 per year.
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Thanks for your question.

You may have a claim against your solicitor.

Usually there is a question in the Property Information Forms sent by the Seller to your solicitor which reads “is sewerage for the property provided by a septic tank or cesspool”. If the Seller answered yes and the solicitor did not bring this to your attention then you will probably have a claim against them. If the Seller answered no, then you would not have a claim against your solicitor but you would have one against the Seller for misrepresentation.

You need to consult your file if you have kept it. If you have not you can request a copy of the file from your solicitor. It may be that after that length of time they may have destroyed it.

In the event that you consider you have a claim after consulting the Property Information Form and your file you should in the first instance re-contract the solicitor and initiate their formal complaints procedure. They will deal with your complaint. If you consider they did not adequately do so then you can make a complaint to the Legal Service Commission and/or sue them.
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