Most people will instruct a commercial solicitor to act on their behalf in a commercial transaction. There are many lengthy and complex documents upon which they need advice. This may include commercial contracts, commercial leases, mortgages, construction contracts, sale and purchase agreements, share purchase agreements, shareholders agreements and contracts of employment. The list goes on.
Often the transaction or contract must be completed quickly and there are deadlines to meet. The solicitor may be under pressure from his client or the other party in the transaction. Sometimes the solicitor may miss something important in the documents, fail to spot an important clause in a contract, fail to include an important term in a contract he is drafting or fail to advise you of the implications of a document. If this causes you financial loss, the you may have a negligence claim against the solicitor
Examples of negligence can include;
- Drafting a contract or lease which may be unenforceable or causes you to suffer loss as a result.
- Providing negligent advice in respect of a contract or lease, or failing to explain the implications or significance of specific clauses
- Failing to advise you of important information about previous contracts or a lease, including break clauses
- Failing to spot an important document or providing negligent advice to you about it
- Failing to safeguard your interests
This list is not exhaustive as there are so many occasions when a solicitor may have been negligent or provided you with negligent advice.
A client came to us with a complaint that his previous solicitors had drafted a very vague contract on his behalf. Specific terms were not correctly defined by his solicitors who drafted it and as a result, the client was sued by the third party for breaching his contract. When the matter went to trial, the Court held that the contract was too vague to be enforceable, so essentially the contract was invalid. The client therefore sought to claim against his original solicitors for negligently drafting the contract, which was not in accordance with his instructions and was ultimately held to be void.
Free Initial Consultation
If you feel you have received negligent advice or representations from a solicitor acting on your behalf in a commercial transaction, please contact us for an initial consultation now. Our solicitors are available to discuss the circumstances and can advise you of the next steps we consider are appropriate in your circumstances.
How Can I Pay for My Claim?
We offer cost-effective legal solutions to meet your needs. There are many ways of funding your claim. Depending on your circumstances, we may be able to offer a conditional fee (or no win/no fee) agreement.
See If You Can Claim Now
Simply call our specialist professional negligence solicitors on 0330 400 5800 or e-mail us at firstname.lastname@example.org to discuss whether you have a solicitors commercial transaction negligence claim.