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Reliance on conveyancing solicitors undertaking reaffirmed

The case of Thames Valley Housing Association Limited & others v Elegant Homes (Guernsey) Limited & others is the latest case to consider the validity of a solicitors undertaking.

The High Court confirmed that purchaser or their conveyancing solicitor who accepted an solicitor’s  undertaking should be entitled to rely on it and to know that the conveyancing solicitor giving it will have to comply with it.

The court’s decision once again affirms the importance of a conveyancing solicitors’ undertakings in the conveyancing process and emphasises that conveyancing solicitors undertakings should always be appropriately qualified and unequivocal.

A purchaser that accepts a conveyancing solicitor’s undertaking must be entitled to rely on it safe in the knowledge that the solicitor will be compelled to comply with its terms. If conveyancing solicitors or even non –conveyancing solicitors could delay complying with undertakings because of a dispute with a bank or third party (other than, perhaps, in very exceptional circumstances) it would destabilise one of foundations of conveyancing convention that have evolved over many years.

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