Description
This comprehensive presentation by Ian examines the often-overlooked challenges and systemic failures within the residential conveyancing process, focusing on legal pitfalls, professional negligence, and the fragile interplay between lawyers, agents, and surveyors.
Key Points:
- Systemic and Legal Failures in Conveyancing:
Residential conveyancing is plagued by inexperienced staff, delays in document preparation, poor communication, and systemic issues like unregistered land, title defects, and outdated leaseholds. These issues, compounded by high workloads and remote work, significantly increase the risk of negligence claims. - Complexities in Legal Obligations and Client Responsibilities:
From SDLT miscalculations and defective title insurance to the implications of overriding interests and survey requirements, clients often remain unaware of critical responsibilities and risks. Conveyancers must ensure that buyers understand their inspection duties, title limitations, and insurance needs to avoid costly mistakes. - Need for Competent Professionals and Better Industry Standards:
The variability in service quality across firms, particularly between high street solicitors and volume-driven “conveyancing factories,” highlights the need for experienced professionals who can handle complex transactions. Poor training, failure to follow protocols, and limited client communication are central causes of complaints and claims.
Learning Objectives:
- Identify common legal and procedural challenges in residential and leasehold conveyancing, including unregistered land, defective titles, synchronisation delays, and SDLT risks.
- Evaluate the professional responsibilities of conveyancers regarding due diligence, client communication, risk management, and insurance handling, especially in relation to buyer protection and legal compliance.
- Understand the role of technology, regulation, and evolving practices in shaping the future of conveyancing, including electronic conveyancing, fraud prevention, and the migration of land charges to the Land Registry.
