Blogs



Mon 10 Aug 2009

Conveyancing Case Tracking - A benefit or an admission?

Question : Is case tracking a cheap conveyancing gimmick to disguise poor communication skills

I recently read an article in the Negotiator where a director of one of the leading conveyancing firms spoke about how innovative some conveyancing law firms are.   In particular, he referred to the benefits of case tracking.   

Read More


Mon 10 Aug 2009

Office of Fair Trading to look at Home Buying and Selling

The Office of Fair Trading (OFT) have recently announced they will be conducting a comprehensive study of the home buying and selling process.   This is to concentrate on:

Read More


Mon 10 Aug 2009

Do Estate Agents want the impossible from their preferred conveyancing lawyers ?

Approximately five years ago I met with an area  director of one of the largest estate  agency corporates in the UK, if not Europe.   I was asked to approach him because of a certain predicament.   He was exceptionally honest and said to me:

“Simon, I have a problem, Head Office want me to find a firm of conveyancers that are going to be able to cope with a high volume, be cheap and provide a great level of service to our client”.

Read More
Is there a sting in the tail of 'No Sale No Fee' Conveyancing?

Sun 09 Aug 2009

Is there a sting in the tail of 'No Sale No Fee' Conveyancing?

The majority of conveyancing solicitors offer No Sale No Fee Conveyancing, but what does this actually mean and is there a sting in the tail? 

What is No Sale no Fee Conveyancing?

'No Sale No Fee' conveyancing is when a conveyancer or solicitor undertakes the legal side of your home move on the contractual basis that if it does not complete, you won’t be charged any conveyancing fees.

Read More


Thu 06 Aug 2009

New Common Auction Conditions published by RICS

The 3rd edition of the Common Auction Conditions (CAC) was, on 30 July 2009, published by RICS. The previous formats of the conditions have been used by conveyancing solicitors, property lawyer s and auctioneers for some years now.

This 3rd version  was generated in response to the valuable feedback from  conveyancing lawyers and auctioneers during a  widespread consultation process conducted over the last half year.

The 3rd edition which will no doubt become familiar to conveyancing solicitors includes:

Read More


Wed 05 Aug 2009

Cheap conveyancing can cost you more than you think !

Ambulance  chasing is not a phrase often attributed to conveyancing lawyers but it is moving that way with volume conveyancers advertising prices that are ridiculously low. Small wonder that over one third of all negligence claims against solicitors are in the field of conveyancing.

Read More


Sun 02 Aug 2009

Leasehold Reform debated in the House of Commons

Leasehold reform came under debate in the House of Commons on 26 June. The government came under attack not just from Conservative and Liberal Democrat MPs, but also from their own backbenchers. The debate was initiated by Conservative Jacqui Lait, who introduced a private member’s bill to provide additional rights for leaseholders facing large demands for major works.

Read More


Fri 24 Jul 2009

Conveyancing solicitors consulted over right to enfranchise companies

The Department for Communities and Local Government (DCLG) has published a consultation, The right to enfranchise (RTE) provisions.

The consultation sets out the DCLG's proposals for the non-implementation and repeal of the RTE provisions in the Commonhold and Leasehold Reform Act 2002 that require collective enfranchisement to take place through an RTE company.

Read More


Sun 19 Jul 2009

Estate Agents Beware ! Commission payable on the sale of a property may not be payable if the sale proceeds in a different way.

The rule of thumb has always assumed to be that an agent is entitled to commission on a transaction provided the agent's services were the "effective cause" of the transaction. However, this principle has suffered a body blow in the case of Estafnous v London & Leeds Business Centres Limited (2009).

In this case the High Court considered the meaning of an estate agency agreement (agreement) which provided for a payment of £2 million commission to the agent when the buyer completed a purchase of "the property".

Read More


Sun 19 Jul 2009

HIPs and New Build Homes - Updates to the sustainability information for New Build homes

The HIP regulations do a address concerns relating to the duty to update the sustainability information in the HIP for new build homes that are not physically complete at the first point of marketing, but which become physically complete while still on the market.

HIP Regulation 22A(1) 

This provides that, in New Build cases, the HIP must be updated to replace the interim sustainability certificate with a sustainability certificate if an assessment under the Code has taken place or a nil-rated certificate if not.

Read More