A property expert has claimed that conveyancing solicitors are running the risk of potential professional negligence actions by failing to counsel buyers to obtain a survey before acquiring a property. Shockingly, only around 18% of customers get access to surveys and, according to a study by a consumer watchdog in 2008, one quarter of buyers find problems with their homes after moving in. The group also discovered purchasers spent an average of £2,500 getting problems put right, with one in 10 spending more than £10,000. Mike Ockenden, chief executive of the Federation of Property Information Providers, stated: “The Council of Mortgage Lenders’ handbook recommends that advisers should point out to purchasers the limits of the valuation report, and advise them to obtain a more detailed report on the condition of the property.” By failing to do this, he said, housing solicitors were putting themselves at risk of potential liability. He added: “Many people wrongly believe the mortgage valuation survey is a report on the condition of the property.” Richard Barnett, chairman of the Law Society’s conveyancing and land law committee, said solicitors should urge consumers to have a survey undertaken even though most will ignore this suggestion. However, he pointed out that he was not aware of any evidence that solicitors were failing to advise buyers in this respect. Practices could get worse Such issues in the conveyancing sector could worsen, especially as the Office of Fair Trading has now recommended lax laws on estate agents. In a report it published labelled ‘Home Buying and Selling: A Market Study’, it has called for non-regulation in the estate agency industry. Currently, it is possible to open an estate agency without permission or qualifications from any official party and the OFT believes this should continue to be the case. The trade body recommended relaxing the application of estate agency regulations so that new entrants such as web pages can set up rival property companies that will shake up the traditional estate agency model, resulting in better competition such as improved choices and lower prices. One website has been rumoured to have launched a property search website as soon as this year. However, such a proposal has angered property experts - who already believe that the conveyancing sector is not acting in the best interests of its clients. Peter Bolton King, chief executive of the National Association of Estate Agents (NAEA), said: “Once again, the OFT has categorically failed to see that better regulation of the home buying and selling market is required. Buying a home is often the largest single transaction of a person's life and it is disappointing that the OFT has not thought it appropriate to acknowledge that a robust and appropriate level of consumer protection is needed. “The NAEA would like to see a greater level of regulation to ensure that professional, qualified estate agents are not confused with agents that, all too often, fail to meet the basic professional standards we would expect from our members.” The watchdog estimated that sellers are losing as much as £570m a year collectively by paying too much commission to estate agents. It has encouraged customers to negotiate on commissions paid to estate agents. The research also found that customers are becoming increasingly open to ways of buying and selling property that avoid using estate agents. More than a quarter (27%) of sellers who used a traditional estate agent have considered using an alternative selling method. John Fingleton, chief executive of the OFT, responded to the criticism and said weaker laws could help better customers:“Encouraging new business models, online estate agents and private seller platforms could put useful competitive pressure on traditional models and lead to better value for buyers and sellers. “The government can help this process by updating legislation and making sure regulation only applies where it is essential to protect consumers. The NAEA was disappointed by the OFT's decision,” he said.