Area of law: Residential conveyancing
Complaint reason(s): Failure to advise
Remedy: None – no poor service
Outcome: Ombudsman’s decision rejected by the complainant
Miss M found the flat of her dreams. The block it was in had limited parking but the
Home Information Pack (HIP) said that it had its own designated space. She used a firm
of solicitors to deal with the conveyancing for her. The purchase went smoothly but
when she moved in Miss M realised that there was no space.
Miss M complained that the firm should have spotted this and told her about it. She
wanted them to accept their mistake and arrange for one of the spaces to be allocated
to her. The firm agreed that the HIP mentioned a parking space, but pointed out that the
lease – the more important and legally binding document – didn’t. The firm said that
Miss M had had a copy of the lease in advance, hadn’t mentioned that a parking space
was particularly important to her or asked any questions when the solicitor went through
the lease with her.
Based on the evidence, the Investigator concluded that what the firm had told us was
right and decided that she had received a reasonable service. Miss M disagreed and so
an Ombudsman was asked to make a decision. The Ombudsman agreed with the
Investigator’s conclusions. Miss M rejected the Ombudsman’s decision.