No professional wants to let their clients down. This is surely true in all industries, but the risk of a let-down can be especially fraught in conveyancing. Not only are we dealing with high-value transactions, these transactions often come with a great deal of emotion baked in. This is hardly surprising: clearly there are far more feelings involved in buying or selling a family home than there are in other types of large transactions.
It’s also true that conveyancing is well known for its unpredictability. Property transactions tend to be both complex and longwinded. Completion can take anything from a matter of weeks to the best part of a year. Though your clients will no doubt be braced for possible complications, you’ll want to do everything you can to ensure the process is as smooth and speedy as possible.
Of course, there are many factors that are not within the conveyancer’s control during a transaction. We can’t control things such as:
- The chain collapsing.
- Issues brought up by the survey or searches.
- Restrictive covenants that turn out to be deal breakers.
- How the other parties and their conveyancers might behave.
However, there is a great deal that conveyancers are able to manage about the process, not least the possible legal pitfalls that we can all seek to avoid.
We’ve covered some of the most common mistakes below.
Not having the right documents
There is a lot of paperwork involved in conveyancing. From forms and contracts, to documentation of planning permission, having the correct paperwork in place plays a big role in how smoothly a transaction is able to progress.
A good conveyancer needs to have a sharp eye for paperwork and to be able to efficiently determine whether or not anything is missing. This is true of the paperwork that comes from both sides of the transaction. It’s important to ensure both that your own clients have provided all appropriate documentation, and that their sellers/purchasers have done the same.
Failing to spot missing paperwork right away can lead to much bigger delays and liabilities further down the line.
Not asking for proof
If any alterations or building work has been undertaken on a property without the necessary permissions, this can lead to significant ramifications for the property owner, whether or not they were the one who undertook said work. Because of this, conveyancers must protect their client’s interests by ensuring that they ask for proof that any alterations that have been carried out were done so with appropriate permissions.
Conveyancers should never take it on trust that planning permission or building regulation certification exists without having sight of the documentation themselves. If no proof can be provided, it may be necessary to insist that an indemnity policy is put in place.
Missing vital searches
Which searches are appropriate to carry out varies depending on location and property type. While there are searches that are compulsory for every transaction (such as the local authority, water and drainage, and environmental searches), it is down to conveyancers to determine which additional searches may be pertinent for each transaction.
For example, a coal mining search will be necessary in some areas but not others, and certain types of property will likely benefit from chancel and common land registration searches, while others might not.
There is a careful balancing act here between saving your clients money and time by not commissioning unnecessary searches, but also not leaving them open to undue risk. Learning how to skirt the line between the two is a vital conveyancing skill.
Not checking for restrictions on the property
Unexpected items can sometimes be found on title deeds and other property documentation. An incomplete or defective title could mean that there are outstanding charges, disputes or legal matters relating to the property. Equally, any restrictive covenants that are in place can have a significant impact on how a client goes on to use the property they are buying. For example, a covenant that restricts extending a property, letting it out or the keeping of livestock could all significantly change the way a client feels about a property.
Conveyancers should always take care over checking and double checking if any such defects or restrictions are in place. Attention to detail is vital here, as missing even the smallest detail could have major ramifications.
Failing to communicate effectively
A large part of the conveyancer’s role relates to communicating information between all the parties that are involved in a transaction. This includes your clients, their mortgage company (if relevant), estate agents, and the conveyancing representatives of your clients’ buyers and/or sellers.
Effective and timely communication with all these parties will help to keep your clients’ transaction(s) moving, as well as the wider chain. This can prevent costly and frustrating delays.
It’s also vital to ensure you are as clear and thorough as possible in your communications directly with your client. You should take your time over reporting back to your clients about the results of searches, title investigations and your dealings with the other conveyancers in the chain. If you’ve discovered any concerns – whether these are issues with the title, restrictions or red flags in the searches – these will need to be carefully and clearly reported. It is not enough to mention these in passing or in writing: conveyancers should consider it their responsibility to ensure that their clients fully understand any issues and the potential consequences of those issues.
Stopping learning
Finally, we believe one of the key mistakes conveyancers can make is to lose enthusiasm for developing their knowledge and practice. The legal landscape is forever changing, and conveyancing is no exception. In order to remain effective, conveyancers must be committed to ongoing professional development. The more you are able to learn, and the more experience you’re able to gain, the better placed you will be to serve your clients now and in the future.
If you’re keen to explore opportunities for learning and professional development, why not read more about our legal training services? Or get in touch with us hello@inspiredprogress.co.uk