Quality of service and expediting matters which could cause “hardship” to clients has been identified as key commitments for members to make as part of an update to the Conveyancing Association’s (CA) “Pledges”
Following on from the introduction of the FCA’s Consumer Duty and the publication of the CA’s Digital Conveyancing Protocol Document, the update to the Pledges commits member firms to focus on ensuring all clients, whether individuals or institutions, are treated fairly.
Amendments to pledges, which currently cover quality of service, client satisfaction, efficient processes, Title and registration, combating fraud, and providing mutual support and working towards a trusted community of conveyancers, have been updated as follows:
- Quality of service – focused on reviewing a selling client’s Title and highlighting issues which impact the sale, plus identifying a buying client’s intended use and enjoyment of the property and highlighting legal issues which might impact on this.
- Title and registration – requesting that HM Land Registry expedite registration of the Title where hardship would be caused from a delay.
And two new specific Pledges have been added
- Net Zero: members will take pro-active steps to encourage clients to identify how they can improve the impact of their property on the environment to meet the Government’s Net Zero targets, such as encouraging client reviews of material information to determine which properties are worth travelling to view and which are not. Firms should also look at how they can reduce their own climate impact deploying up-to-date methodology in order to do so and being able to refuse client instructions from clients based on climate-related issues.
- Digital data storage: members will take steps to enable property data to be delivered and stored digitally to enable future digital interaction with the property throughout its life cycle. Firms should endeavour to provide their clients with a link to a digital storage area or digital Property Logbook to enable them to interact with their property details digitally when considering alterations, refinancing, retrofitting or sale.
The Digital Conveyancing Protocol makes a number of recommendations around using technology available now, including digital ID, and digital signatures. Greater clarity is expected on Parts B and C of the National Trading Standards Estate and Letting Agent Team (NTSELAT) material information requirements in the Autumn, and conveyancers will be expected to support the move to provide greater information up front.
Commenting on the updates Beth Rudolf, Director of Delivery at The Conveyancing Association, said:
“Our CA pledges are all about how member firms can engender a culture of fairness around the work they themselves carry out, and how they can prove this not just to clients but all stakeholders within the process. This most recent iteration of our Pledges includes the addition of two new ones, focused on how firms can take pro-active steps towards meeting net zero targets, and how they deliver and store digital property data so it is able to be accessed by all those who interact with the property both now and in the future.
“The new and updated Pledges follow the publication of our Digital Conveyancing Protocol document and our updated Technical Protocol, in terms of the CA providing member firms with a range of information and recommendations on how they can secure the best experience for all those they deal with, and how they specifically tap into the benefits that can be secured by using digital solutions.
“This is all about delivering an improved home buying and selling process, and how we make that process less stressful and much more timely, which will provide huge benefits for all.”
Conveyancing firms can access the Pledges, the Digital Conveyancing Protocol, and the Technical Protocol from the download section of the CA website, at: www.conveyancingassociation.org.uk/downloads
