For many people, property is their most valuable asset. Decisions are often made in reliance on professional advice from surveyors, valuers, managing agents or other property advisers. When that advice proves to be wrong, the consequences can be financially and personally distressing.
At Greene & Greene, we advise and act for individuals and businesses who have suffered loss because a property professional has failed to act with reasonable care. Our role is to help you understand whether what has gone wrong amounts to negligence, and how the dispute can best be resolved.
Thoughtful advice at an early stage
Professional negligence claims can feel intimidating, particularly where the events occurred some time ago or involve technical, legal issues. Many clients come to us unsure whether they even have a claim. We will review the background and documents with you at the outset. We will then consider whether the professional’s advice or actions fell below the standard expected, and whether that failure caused you a recognisable financial loss.
Our advice is clear and realistic. If a claim is unlikely to succeed, we will explain why. If there is a sensible route forward, we will guide you through it step by step.
Claims we commonly advise on
We regularly advise individuals and businesses in disputes involving:
- Negligent surveys or valuations affecting house purchases or remortgages
- Errors by managing agents in relation to leasehold or residential property
- Poor advice from solicitors and conveyancers concerning property transactions, boundaries, rights of way or use of land
- Negligence claims against architects and architectural technicians
Each type of claim raises different legal and evidential considerations.
The key requirements
To succeed in a professional negligence claim, certain legal elements must usually be established. While every case turns on its own facts, the courts generally look at the following issues:
A duty of care
It must be shown that the property professional owed you a duty to exercise reasonable skill and care. This is often straightforward where you instructed them directly, but it can sometimes arise in more nuanced circumstances.
A breach of that duty
The professional must have acted below the standard reasonably expected of someone in their position. This does not require perfection. The law recognises that professionals may make judgments, provided those judgments fall within an acceptable and reasonable range.
Causation
It must be demonstrated that the breach caused your loss. In practical terms, this means showing that you relied on the advice given, and that you would have acted differently had proper advice been provided.
Loss
There must be a measurable financial loss. This may relate to overpayment, diminution in value, unexpected costs or missed opportunities, depending on the nature of the claim. The usual remedy is to compensate you so as to put you back into the position you would have been, had the harm not occurred.
Time limits
Professional negligence claims are subject to strict limitation periods. In some cases, time runs from the date of the advice; in others, from when the problem ought reasonably to have been discovered. Early advice on these issues is therefore particularly important.
We guide clients through these requirements carefully, explaining how they apply in practice and whether further evidence is needed.
Resolving disputes in a proportionate way
Our focus is always on achieving a fair and practical outcome, without unnecessary escalation.
Depending on the circumstances, we can assist with:
- Pre-action correspondence before formal proceedings are started
- Engagement with the professional concerned and their insurers
- Instructing appropriate independent experts
- Negotiation and engaging in alternative dispute resolution
- Court proceedings where resolution cannot be achieved otherwise
We prepare cases carefully, but we remain mindful of cost, stress and proportionality throughout.
Why choose Greene & Greene
Our clients instruct us because they want steady, reliable advice from lawyers who take the time to understand their situation. We are experienced in such disputes and provide a confidential and supportive approach, with client care at the forefront. We do not take a one‑size‑fits‑all approach. Each matter is handled on its own facts, with careful consideration of what is right for the individual client.
A confidential conversation
If you are concerned that a property professional’s advice has caused you loss, early guidance can be invaluable. An initial discussion can help you understand your position and decide whether further action is appropriate.
Please contact a member of our property disputes team for more information.
