Estate Agent Negligence Claims

What you need to know about estate agent negligence claims

Buying, selling and leasing property are among the most important financial transactions anyone will make in their lifetime – so being able to rely on your estate agent to represent your best interests professionally is crucial in achieving the best outcome.

But unfortunately, there are occasions when estate agents are negligent, which could see their clients lose out financially. If you think your estate agent has acted negligently with regards to your property, we could help you to pursue a professional negligence claim against them. We’ll attempt to prove that the estate agent had a duty of care to you and, through their negligent actions, caused you a financial loss.

Examples of professional negligence by estate agents

The agent offering a property for sale far below the market value
The agent fails to provide advice based on a fast-changing property market
Errors made in a role as a letting agent
Offering legal advice outside the limit of their professional competence

If you think your estate agent has been negligent in the sale, purchase or lease of your property, our experienced solicitors will help you secure the compensation you deserve.

Estate agent giving young couple keys to their new home

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We know that pursuing a negligence claim can be a stressful process – especially if you’re already handling the fallout of a property project gone wrong. Estate agent talking to clients in his office

That’s why our expert team of solicitors are on hand to support you throughout every step of the process. We’ll act fast to establish the nature of the initial agreement reached between you and the professional, and whether there was a failure to carry out the tasks with the appropriate level of skill or care.

Our Financial, Property and Professional Claims team is headed by senior solicitor Claire Critchley who has over 10 years’ experience dealing with complex legal claims against a variety of professionals including surveyors, architects, estate agents and solicitors, in addition to dealing with financial disputes involving mis-sold mortgages and interest rate swaps. Claire also has significant past experience in representing large companies and financial institutions in a range of different legal service areas including breach of contract, debt recovery and insolvency litigation. Claire is currently leading the pursuit of a group claim in relation to a £2 million property investment case known as Enterprise House in Leicester.

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This is not about a claims culture. We just want to defend the rights of the people who are suffering because of this.

Claire Critchley

Head of Professional Negligence

What our customers say

“I found the staff to be friendly, helpful, courteous and they kept me well informed on a regular basis”

Mrs. Vora,
Loughborough

“They acted in a sympathetic and professional manner and resolved my case very efficiently”

Mr Dowse
Leeds

For a confidential chat, call one of our experts today 0151 550 5228

10 simple steps to claim

Step
1

Understanding what went wrong

Step
2

Reviewing relevant documents

Step
3

Obtaining an initial response to your grievance

Step
4

Sending the Letter of Claim

Step
5

The professional’s detailed response

Step
86

Issuing court proceedingsTaking a detailed statement

Step
7

Obtaining experts’ reports

Step
68

Taking a detailed statementIssuing court proceedings

Step
9

Attending your court trial

Step
10

Awarding your compensation claim

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Your questions... answered

What is professional negligence? What are an estate agent’s duties and responsibilities? What are examples of claims against estate agents? What are the consequences of an estate agent’s negligence? What do you need to make a claim against my estate agent? What is the time limit for estate agent negligence claims? How long does a claim take?

What is professional negligence?

According to English law, professional negligence is when a professional, such as a lawyer, an engineer, an accountant or an estate agent, fails to perform their responsibilities to the standard that any client could reasonably expect of them.

In order to prove professional negligence on the part of an estate agent, you’ll need to be able to demonstrate three things:

That your estate agent owed you a duty of care
That the estate agent breached that duty of care
That their negligence resulted in financial loss to yourself

At Your Legal Friend, we understand just how overwhelming it can be to consider a professional negligence claim against your estate agent – especially if you’re still dealing with the fallout that the negligence caused. Our expert team of highly experienced solicitors will make the process as stress-free as possible and will fight to ensure you receive the compensation you deserve.

Read less

What are an estate agent’s duties and responsibilities?

An estate agent has a number of responsibilities and tasks that they perform daily as part of their job. Essentially, they act as brokers while selling their clients’ homes, marketing the property and liaising with potential buyers. They also play a role in leasing properties on behalf of their clients.

Estate agents must, at all times, represent saleable properties to potential buyers in an honest manner, negotiating sales at the best possible price and ensuring that the sale is completed in the fastest possible time.

Naturally, there is a lot riding on the successful completion of a property sale. If an estate agent acts negligently during the process, their clients can find themselves suffering financial losses, as well the emotional pressure that may come as a result of such an important transaction falling through.

Read less

What are examples of claims against estate agents?

If you’ve suffered a financial loss as a direct result of your estate agent’s negligence, you may be able to bring a professional negligence claim against them to recover your losses and win additional compensation for any stress caused. Here are some examples of negligence by estate agents which could result in a claim:

The estate agent negligently drafted a property’s particulars of sale
The agent offered a property for sale at an incorrect or inappropriate value
They failed to provide advice based on a fast-changing property market
They made errors in their role as a letting agent
The agent offered legal advice outside the limit of their professional competence

This is, by no means, a comprehensive list of all the negligent actions an estate agent could carry out.

What are the consequences of an estate agent’s negligence?

Negligence by an estate agent can have a catastrophic impact on the lives and financial status of a client. If an estate agent offers a property for sale far below the market value, the client could lose out on thousands of pounds. Delays or errors when drafting lease documents could lead to a loss of income for buy-to-let landlords, and incorrect advice from an estate agent could lead to a client accepting a low offer or needlessly delaying the sale of their property.

Of course, there are also the emotional consequences of negligence. Having a property transaction fall through, or learning that you’ve lost thousands of pounds based on bad advice can be traumatic for the client.

What do you need to make a claim against my estate agent?

At Your Legal Friend, we have the skills and experience to help you pursue a successful professional negligence claim. So that we can represent you effectively, we’ll need to know the following things:

The name of your estate agent
What you instructed the estate agent to do
When you instructed them
How you feel the estate agent was negligent
The financial loss that you feel this negligence caused

Once you’ve supplied us with these details, we can start investigating the case and advising you on your next steps. Most estate agents have professional indemnity insurance which will ensure you recover the full amount from them when you win your case.

What is the time limit for estate agent negligence claims?

Professional negligence claims must be brought within six years of the day on which the negligent act occurred. If you haven’t brought a claim by this deadline, you will be unable to do so.

Sometimes, claimants aren’t actually aware of the negligence when it first occurs, and so the first rule would be unfair to these people. In this instance, the claimant would have three years from the date of discovering the negligence to bring their claim to court.

How long does a claim take?

Because the circumstances surrounding every claim and their effects are different, it’s very difficult to give a definitive answer on how long it takes to settle a claim. Often it depends on how quickly our clients provide us with essential information, how quickly we can get your file of papers from the professional and any expert reports required, and whether the insurance companies are willing to provide realistic offers to settle the claims.

Whilst we aim to settle your claim as quickly as possible, we also want to ensure we secure the maximum compensation for you. This often means we have to do some hard negotiation with the defendants – which takes extra time. Our aim is to balance progressing the claim as fast as possible with getting you the maximum settlement.

We realise that you’ll be keen to know about the progress of your claim so we will send you regular emails and texts to keep you up to date, and also to remind you if there is any information we’re waiting for from you.

Read less

According to English law, professional negligence is when a professional, such as a lawyer, an engineer, an accountant or an estate agent, fails to perform their responsibilities to the standard that any client could reasonably expect of them.

In order to prove professional negligence on the part of an estate agent, you’ll need to be able to demonstrate three things:

That your estate agent owed you a duty of care
That the estate agent breached that duty of care
That their negligence resulted in financial loss to yourself

At Your Legal Friend, we understand just how overwhelming it can be to consider a professional negligence claim against your estate agent – especially if you’re still dealing with the fallout that the negligence caused. Our expert team of highly experienced solicitors will make the process as stress-free as possible and will fight to ensure you receive the compensation you deserve.

Read less

An estate agent has a number of responsibilities and tasks that they perform daily as part of their job. Essentially, they act as brokers while selling their clients’ homes, marketing the property and liaising with potential buyers. They also play a role in leasing properties on behalf of their clients.

Estate agents must, at all times, represent saleable properties to potential buyers in an honest manner, negotiating sales at the best possible price and ensuring that the sale is completed in the fastest possible time.

Naturally, there is a lot riding on the successful completion of a property sale. If an estate agent acts negligently during the process, their clients can find themselves suffering financial losses, as well the emotional pressure that may come as a result of such an important transaction falling through.

Read less

If you’ve suffered a financial loss as a direct result of your estate agent’s negligence, you may be able to bring a professional negligence claim against them to recover your losses and win additional compensation for any stress caused. Here are some examples of negligence by estate agents which could result in a claim:

The estate agent negligently drafted a property’s particulars of sale
The agent offered a property for sale at an incorrect or inappropriate value
They failed to provide advice based on a fast-changing property market
They made errors in their role as a letting agent
The agent offered legal advice outside the limit of their professional competence

This is, by no means, a comprehensive list of all the negligent actions an estate agent could carry out.

Negligence by an estate agent can have a catastrophic impact on the lives and financial status of a client. If an estate agent offers a property for sale far below the market value, the client could lose out on thousands of pounds. Delays or errors when drafting lease documents could lead to a loss of income for buy-to-let landlords, and incorrect advice from an estate agent could lead to a client accepting a low offer or needlessly delaying the sale of their property.

Of course, there are also the emotional consequences of negligence. Having a property transaction fall through, or learning that you’ve lost thousands of pounds based on bad advice can be traumatic for the client.

At Your Legal Friend, we have the skills and experience to help you pursue a successful professional negligence claim. So that we can represent you effectively, we’ll need to know the following things:

The name of your estate agent
What you instructed the estate agent to do
When you instructed them
How you feel the estate agent was negligent
The financial loss that you feel this negligence caused

Once you’ve supplied us with these details, we can start investigating the case and advising you on your next steps. Most estate agents have professional indemnity insurance which will ensure you recover the full amount from them when you win your case.

Professional negligence claims must be brought within six years of the day on which the negligent act occurred. If you haven’t brought a claim by this deadline, you will be unable to do so.

Sometimes, claimants aren’t actually aware of the negligence when it first occurs, and so the first rule would be unfair to these people. In this instance, the claimant would have three years from the date of discovering the negligence to bring their claim to court.

Because the circumstances surrounding every claim and their effects are different, it’s very difficult to give a definitive answer on how long it takes to settle a claim. Often it depends on how quickly our clients provide us with essential information, how quickly we can get your file of papers from the professional and any expert reports required, and whether the insurance companies are willing to provide realistic offers to settle the claims.

Whilst we aim to settle your claim as quickly as possible, we also want to ensure we secure the maximum compensation for you. This often means we have to do some hard negotiation with the defendants – which takes extra time. Our aim is to balance progressing the claim as fast as possible with getting you the maximum settlement.

We realise that you’ll be keen to know about the progress of your claim so we will send you regular emails and texts to keep you up to date, and also to remind you if there is any information we’re waiting for from you.

Read less