housing in england

Diary of a high street conveyancer: 17th April 2023

This week, I took a phone call from a client I had acted for some years ago. I think all conveyancers will recognise this type of statement: “I just need you to transfer the deeds of my house into my son’s name.”

I have mentioned before that my heart sinks whenever a client uses the word “just”. I told the client that I no longer carry out Transfers of Equity but would pass his details to a colleague.

He was, however, insistent that I dealt with it – after all, it’s just a Transfer deed, nothing too difficult.

I explained that there were many implications in the Transfer and that there were many things we would need to consider. I then told him how much it would cost as a rough figure, but that my colleague would speak with him and provide him with more information. He was incredibly insistent, telling me that he could just download a TR1 and do it himself.

My thoughts on this are well-illustrated by a call from another client, again from many years ago, who told me that he had transferred his house to his son and he and his son had now fallen out and his son had put the house on the market without telling him and he was going to be potentially homeless.

Therein lies the issue. I write often about costs and how much we charge for doing what is an area of work fraught with risks of all different types. The public think that transferring a house into a relative’s name is just like transferring a car – it is easy, straightforward, and risk-free.

While the public continue to believe this, it will be hard for us to increase our fees and be paid fairly for what could potentially be a difficult transaction with so many different considerations and potential pitfalls.

Don’t think that just because the client thinks that all is needed is a piece of paper for all parties to sign that it is easy – think about what you are doing and charge a fair fee for the advice given. The client will thank you in the future…

This is written by a real high street conveyancer who wishes to remain anonymous. Read more in Today’s Conveyancer every week.

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