I have been thinking this week about how we can all work together to make house moving better for the public. There are so many ‘tech’ promises out there but it is difficult to know which is the best and it just seems to me that firms use many different processes when it comes to providing a conveyancing service to clients.
And then I remembered something and although it is a little early for New Year Resolutions, I think that this could be the resolution for all conveyancers.
To remind estate agents that the Protocol does refer to them.
I pulled up a copy of the Protocol and yes! I was right! In the far left and right columns, it refers to the contact for that particular part of the process. So, for example, Step 15 – which deals with one of my favourite subjects, additional enquiries – it includes reference to the seller and the agent.
Have a look and remind yourself – ‘inform the seller and the estate agent of any matters likely to delay exchange of contracts ’. Bearing in mind that one of the purposes of the Protocol is to make conveyancing more transparent and efficient, it seems to me that it would be a good idea to remind estate agents that we do have a framework in which we are expected to work. When an estate agent puts you under pressure to send the draft contract documents as soon as the Memorandum of sale is issued, remind them that the Protocol does ask us to obtain confirmation of various matters from the seller’s solicitor. And, importantly, it does also say:
The estate agent should ensure, so far as is possible, that the fullest information is made available as to the status of other transactions in the chain if not provided with the memorandum of sale.
There is such much finger pointing in conveyancing at the moment and so many accusations regarding the delays in the process. We need to work together and the Protocol provides the framework in which that can happen. Let us share it with estate agents and see if we can work better together in the New Year for the benefit of our clients and also ourselves.
This is written by a real high street conveyancer who wishes to remain anonymous. Read more in Today’s Conveyancer every week.
