Case Highlights ‘Delicate Process’ Of Buying And Selling Homes

Professional negligence lawyers who helped a couple gain justice after failings by solicitors led to the collapse of a property transaction have urged that lessons are learned from the case, after an attempted appeal in relation to the case failed.
 
David and Susan Beer, from Surrey, agreed to sell their property to a developer and instructed McMillan Williams Solicitors to undertake their conveyancing work. Despite the couple requesting that a 10 per cent deposit was taken from the buyer, the solicitors took only five per cent and failed to inform the couple of this.
 
The couple then found another property to purchase and when the seller of that home requested 10 per cent, the pair discovered the original error and the seller then agreed to just take five per cent due to the circumstances.
 
However, matters become complicated when the developer in the original sale backed out of buying the client property, which had the knock-on effect of meaning the other transaction could not complete.
 
The seller in the second transaction, who eventually sold their property for less profit, sued Mr and Mrs Beer for loss and a breach of contract.
 
Following a long legal battle including a week-long hearing in October, Irwin Mitchell’s specialist Professional Negligence team helped Mr and Mrs Beer secure justice from McMillan Williams Solicitors in relation to their failure to meet their duty to them.

It has now been confirmed that the defendant’s application for permission to appeal has now failed.
 
Dan Brumpton, the Partner and professional negligence specialist who helped the couple gain justice regarding the problems they faced, said: